Dumpster Depot faces another challenge in Derry
State Rep. John O’Connor said Wednesday he plans to file an appeal by Friday, challenging a decision he says allows the business to be categorized as a “contractor’s yard.”
“I’m going to appeal for the administrative portion of code enforcement,” said O’Connor, who is an abutter and also sits on the Planning Board. O’Connor has recused himself from voting on the plan.
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.
O’Connor said a group of abutters got together Tuesday night at the Marion Gerrish Community Center & Thrift Shop to discuss the board’s decision and what could be done to legally challenge it.
But he said the town’s current zoning ordinances don’t have a definition for a contractor’s yard. He said the definition for a contractor’s yard was repealed by the planning board on May 14, 2012, and deleted on June 14, 2012, by the Town Council.
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