Dumpster Depot heading to court over proposed Derry siteBy HUNTER McGEE
Union Leader Correspondent
January 23. 2014 10:20PM
DERRY — The owner of Dumpster Depot is headed to court over a recent Zoning Board decision that prevents him from building a facility on Ashleigh Drive, according to town officials.
Meanwhile, the Planning Board has sought legal advice from an attorney on the ZBA’s November decision, Acting Town Administrator Larry Budreau said Thursday.
The Dumpster Depot proposal calls for the construction of a two-story, 7,200-square-foot building with outside space for 350 Dumpsters. The Dumpsters would be rented out to individuals or contracting companies.
People who live near the proposed site were outraged after learning of the Planning Board’s decision to seek legal advice on the matter.
Led by abutter Brenda Wilson, they spoke during a public forum at the Town Council’s Wednesday night meeting. They sought answers as to why the attorney is being hired for the Planning Board after the ZBA ruled on the matter in early November.In that meeting, the ZBA voted, 5-0, to grant the appeal of abutter John O’Connor, who is a state representative. ZBA Chairman Alan Virr said the board found the Planning Board erred when it determined that the business falls under industrial permitted uses as a contractor’s yard.The ZBA’s decision meant the Planning Board would have to have Paul bring the matter back to the ZBA and request a variance, Virr said. The only other option for Paul would be to take the matter to superior court, according to Virr.
Knowing this, Wilson said she was extremely upset when she learned the Planning Board was seeking legal advice on the matter.“I’m very angry,” Wilson said. “What is going on? What is the status of the Dumpster Depot application? Can anybody here tell me that?”
Budreau said the applicant, Paul, had filed an appeal of the ZBA decision in superior court. As to why the Planning Board was seeking legal advice, Budreau said the ZBA had “remanded” the decision back to the Planning Board in November. The board needed to seek the advice of an attorney because the current town attorney, Edmund Boutin, had consulted earlier with the Zoning Board of Adjustment on the Dumpster Depot issue. Boutin would be placed in the middle of an adversarial situation between the two boards if he were to then consult with the Planning Board. So Budreau said he made the decision to allow the Planning Board to seek the opinion of another attorney.
David Granese, chairman of the Planning Board, said the board is still waiting to receive the legal opinion from the attorney.Granese said he has talked to the attorney and “the Planning Board did nothing wrong. My understanding is after talking to him is the ZBA erred in their decision on everything.”
To clarify the situation, Granese said the two boards won’t end up in court. What will happen is once the legal brief is completed, it will be submitted into the record and could be used in Paul’s pending court case.