Dumpster Depot Faces Appeals to Planning, Zoning Boards

Two separate appeals by residents of the area adjoining the proposed Dumpster Depot were filed this past Friday.
Brenda Wilson, spokesperson for a group of residents opposed to the project, and John O’Connor, a Republican state representative and neighborhood resident, both filed appeals following the Aug. 21 Planning Board vote to give conditional approval to the project.
Wilson has filed her appeal to the Planning Board for a rehearing. O’Connor filed his to the Zoning Board of Adjustment (ZBA).

The Dumpster Depot, owned by David Paul, is currently headquartered out of Manchester. Paul and his engineer, Chris Tymula, appeared before the Planning Board in June to present their plan and request conditional approval. The building off Ashleigh Drive is planned as two stories, with 7,200 square feet, and will house up to 350 Dumpsters when they are not being rented out.
The concerns of residents ranged from hours of operation to noise to the possibility of rats and other vermin being attracted to Dumpsters that have not been emptied. The initial appearance before the Planning Board was June 19. Paul and Tymula requested and received a continuation until July, and after the July meeting the issue was scheduled for a final vote Aug. 21.
Appeal to ZBA
O’Connor, a resident of Arrowhead Road, is vice-chair of the Planning Board but recused himself from the board and from votes.
O’Connor said in a phone interview Monday that he is challenging the fact that the building of the Dumpster Depot was approved as a “Contractor’s Yard,” when there is no definition for such a facility in Derry’s zoning ordinance. O’Connor said, “Since there is no definition of a contractor’s yard in our ordinance, I am appealing the decision to permit this facility as a contractor’s yard.”
O’Connor continued, “Dumpster Depot should have gone to the Zoning Board of Adjustment and requested a variance according to the five criteria for a variance.”
O’Connor said the definition of a contractor’s yard was repealed May 14, 2012 and deleted by the Town Council June 14, 2012.
While O’Connor originally planned to help Wilson with research for her appeal, he realized that any appeal to the ZBA had to be from a direct abutter, which he is and the Wilsons are not. “I decided to appeal this point,” he said of the “contractor’s yard” definition.
O’Connor remains opposed to the project for several reasons, including a belief that the Ashleigh Drive area is not zoned for that type of facility and that it will impact the Tax Increment Financing (TIF) District on Manchester Road.
“Nobody will want to put a fancy restaurant next to a Dumpster Depot,” he said. “It will reduce the value not only of homes, but of businesses.”
O’Connor said a tentative date of Oct. 3 has been set for his appeal to the ZBA.
Appeal to Planning Board
He is also supporting Wilson in her appeal, which is to the legality of the proceedings Aug. 21. O’Connor and Wilson contend that the Aug. 21 meeting, which was continued from June and July, was still in deliberative mode.
“Under the RSA,” O’Connor said, “there can be no further input, including from the site applicant.” O’Connor said the board let Paul and Tymula talk for a half hour before discussing the matter themselves.
“When they opened the Aug. 21 meeting, they were still in deliberative mode,” he said.
The Planning Board should have scheduled an entirely new public hearing, O’Connor said.
Wilson agreed in a phone interview Monday, “The applicant should not have been allowed to speak.”
Wilson noted that in the July meeting, Planning Board Chairman David Granese said the matter would be continued to Aug. 21 strictly for voting and that with Paul and Tymula allowed to speak, “it changed all the conditions.”
Wilson said no date had been set for the rehearing but she expected it to be on the agenda and a date set at the Sept. 18 Planning Board meeting. She said she and supporters, not all from the neighborhood, expected to attend that meeting and also the Town Council meeting on Sept. 17 to speak in the public comment portion of the meeting. Both meetings occur after the Nutfield News went to press.
Wilson has a list of concerns about the project but if pressed to name her biggest concern, it would be allowing unemptied Dumpsters to return to the facility. Paul has agreed to limit these to 24 hours on weekdays and 36 on weekends. It’s not enough of a concession for Wilson, who is worried about rats, vermin and the possible effect on well water.
Allowing the full Dumpsters to stay overnight, she said, “makes it a transfer station.”
Planning response
Derry Planning Director George Sioras said because the matter is under appeal, he would decline to comment.
Granese said, “The board followed the policies and procedures under its rules and regulations.”
Granese added that in a Planning Board deliberation, it is normal to allow the applicant to speak. It’s different from the rules for the ZBA, in which only the board is allowed to discuss the matter.

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