The Zoning Board of Adjustment (ZBA) is standing by an earlier decision against the approval of a site plan for Accurate Transport, Inc., to open a Dumpster Depot facility on Ashleigh Drive.
At its Nov. 7 meeting, the ZBA granted the appeal of John O’Connor, a resident of Arrowhead Road, contending that the Planning Board was wrong to grant approval of the site plan at its Aug. 21 meeting.
Owner David Paul was seeking to move his business from rented land in Manchester to 41 Ashleigh Drive, PID 08017. Abutters objected, citing noise, contamination and aesthetic issues, and finally contending that Paul lied when he said no full Dumpsters would be brought back to the facility.
The Planning Board approved a proposal that included unemptied Dumpsters being brought back for a limited period of time.
But O’Connor’s appeal was based on Building Inspector/Code Enforcement Officer Bob Mackey’s classification of the facility as a “contractor’s yard,” a definition that no longer exists in Derry zoning. The ZBA agreed with O’Connor and granted the appeal.
Atty. Morgan Hollis of Nashua asked the ZBA to reconsider its decision of Nov. 7.
Chairman Allan Virr said, “We need to establish if there is anything from Mr. Hollis that would change our decision.”
The letter from Hollis addressed a number of issues, Virr said. But for the purpose of the ZBA, he determined it was best to stick to the issue of O’Connor’s appeal.
Board member Donald Burgess, who had watched tapes of every Planning Board meeting involving Dumpster Depot, said, “This is just as it should have been.”
Member Teresa Hampton said, “There was a misunderstanding by the Planning Board in the first place, which is why this became the monster it did. They made an error. It was not intentional.”
But, Hampton said, “I don’t think this project meets the definition of ‘contractor’s yard.’”
While Hollis made the point that the project had passed the town’s Technical Review Committee (TRC), member Lynn Perkins observed that the TRC “establishes compliance but does not give permission.” Many of Hollis’s points were redundant, and, Perkins said, “I think we made a good decision.”
Member Joseph Carnevale said, “No new evidence has been brought forward.”
The board voted 5-0 to deny the motion to grant a rehearing. Virr said the next recourse for Accurate Transport would be an appeal to Superior Court.
