DERRY — An abutter’s appeal to the Zoning Board of Adjustment over the proposed Dumpster Depot site reached a hurdle Thursday night but can still be heard by the board.
The board voted unanimously to refuse the appeal by state Rep. John O’Connor because it wasn’t filed in time. But the board also agreed 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.
O’Connor was challenging a decision by the town’s code enforcement department, alleging that it mistakenly categorized the business as 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He said the definition for a contractor’s yard was repealed by the Planning Board on May 14, 2012, and deleted on June 14, 2012, by Town Council.
The board’s decision means O’Connor can now include the Planning Board’s decision as well as a list of people who have been affected by the decision, the board ruled. He is scheduled to go before the ZBA on Oct. 17.As part of the other conditions established by the board, O’Connor must submit evidence within 10 days of the Oct. 17 hearing and provide a list of parties as of his initial filing of the appeal on Sept. 13.