The site of the proposed Dumpster Depot at 41 Ashleigh Drive has changed hands.
Assessor David Gomez and Morgan Hollis, an attorney for Dumpster Depot owner David Paul, confirmed last week that the property has passed from the Yvon Cormier Construction Co. to 41 Ashleigh Drive LLC, a Limited Liability Company in which Paul is a partner. According to documents filed with the New Hampshire Corporation Division, Paul signed the Certificate of Formation as manager of the company on Dec. 20, 2013.
The property is not listed in the on-line database as 41 Ashleigh Drive because it has not been built yet, Gomez said. The property’s legal address is 37 Scobie Pond Road.
Hollis said the transfer took place before the end of 2013.
Paul, doing business as Accurate Transport LLC, has filed a complaint against Derry and its Zoning Board of Adjustment for a decision made by the ZBA in November 2013 overturning a Planning Board decision to allow Paul to relocate his business to the Derry lot.
Paul wants to relocate from a leased facility in Manchester to 60-plus acres off Ashleigh Drive. Though a group of residents from the area fought the proposal, citing noise, visual blight and pollution, the Planning Board voted Aug. 21 to accept jurisdiction over the project. Abutter Brenda Wilson filed an appeal that is still pending in Superior Court. Neighborhood resident John O’Connor, who is also vice-chair of the Planning Board, recused himself and filed an appeal with the Zoning Board of Adjustment, claiming that Code Enforcement Officer Bob Mackey made a wrong decision in classifying the property as a “contractor’s yard.”
While the appeals period had lapsed for the Mackey decision, the ZBA allowed O’Connor to rewrite his appeal, focusing on the Planning Board decision, and the ZBA approved the appeal at its Nov. 7 meeting. The Zoning Board later rejected a rehearing of the case.
A merits hearing on the case has been scheduled for April 25 at 9 a.m. in Rockingham Superior Court.