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October 15. 2013 10:13PM

State Rep. John O’Connor seeks delay of Derry Dumpster Depot appeal

DERRY — An abutter will get another chance to have his appeal of the proposed Dumpster Depot site plan heard by the Zoning Board of Adjustment — but maybe not this week.

State Rep. John O’Connor has filed for a postponement of Thursday night’s scheduled session. O’Connor said he is asking for the postponement because he has a lot of material to file. Complicating the situation is the fact that the birth of his granddaughter could happen any day now, O’Connor said.

“The next joyful event is my granddaughter coming along,” O’Connor said.

O’Connor originally challenged a decision by the town’s code enforcement department, alleging that it mistakenly categorized the business as a “contractor’s yard.”

But that appeal was refused by the ZBA in a meeting on Oct. 3 because it wasn’t filed in time, the board ruled.

The board then opted to allow O’Connor to convert the appeal from a challenge of a code enforcement decision to an appeal of the Planning Board’s Aug. 21 decision to approve the site plan.

The ZBA’s decision means O’Connor can now include the Planning Board’s decision as well as a list of people who have been affected, the board ruled.A number of abutters can be added on to the appeal, and it will focus on the Planning Board’s decision instead of being limited to the ruling by the code enforcement department.

O’Connor said he’s gathered about 50 signatures of people affected by the Planning Board’s decision.

The state representative also sits on the Planning Board but has recused himself from voting on the plan.

O’Connor said the business isn’t appropriate for the area and will diminish property values. He pointed to three tracts of land that are near the proposed site on Ashleigh drive and up for sale.O’Connor said the plan will place Dumpsters close to an area that has a movie theater, Walmart, a restaurant and other businesses.
Dumpster Depot owner David Paul has said he understands residents living near the proposed facility don’t want it in their back yard but that it is allowed in the Industrial zoned section.

Even if the appeal is approved by the ZBA, Paul could still file for a variance, which could effectively nullify the appeal, O’Connor said.The ZBA will consider O’Connor’s request for postponement at its Thursday night meeting. The meeting is scheduled to begin at 7 p.m. in the Municipal Center.


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