From the Eagle Tribune;
Trucking firm owner gives up appeal in Atkinson
By Eric Parry
eparry@eagletribune.com
ATKINSON — The owner of a trucking company whose plans were rejected by the town's zoning board has dropped his appeal in Superior Court.
Paul Murphy, owner of PJ Murphy Transportation Inc., said he can't afford to appeal the town's decision to deny him permission to build a 24-hour trucking facility in the town's commercial/industrial zone.
"I've already spent a ton of money on legal costs," Murphy said yesterday.
In May, Murphy said he had spent more than $100,000 on plans and legal costs to build the proposed facility on Industrial Way. Plans included seven trucks and 14 trailers transporting petroleum and swimming pool water in the summer.
Murphy, who owns transportation facilities in Dracut and Methuen, said he's still looking to expand, possibly in the Lawrence area.
The town's zoning board denied Murphy's plans for a 24-hour trucking facility at its meeting April 15.
The project initially was approved by the zoning board in March. That decision was appealed by a group of residents from Atkinson and Salem.
Murphy said he still feels cheated by the town, but couldn't continue spending money in court.
"I just didn't see that working out," he said.
Residents were concerned about the facility generating noise in the middle of the night and environmental issues.
In addition to appealing the board's initial decision, the residents also appealed in Rockingham County Superior Court. That lawsuit was stayed after the town denied Murphy's plans in April.
Members of the zoning board wrestled with the project for months.
Atkinson's zoning regulations specifically identify what is allowed in the commercial and industrial zone, and the trucking facility didn't fit the requirements despite the fact that similar businesses are located in the same area, according to some board members.
Atkinson Town Hall
The Norman Rockwellian picture of Atkinson
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24 comments:
One for the small town charm.
Maggie Osborn bored the ZBA to death last night, with her relentless repeating of useless excuses of why she should be allowed to keep her boathouse / bunkhouse.
The board was more polite than I would have been, apparently because of fear of another lawsuit that she might bring if they didn't listen to her. I think they should have fined her a thousand dollars a minute as a whining fee. This woman just doesn't get it; the bunkhouse has to go. What part of NO doesn't she get? Is it the N or the O?
Where does she get the mentality that if she complains, threatens, and bullies town officials enough, they will give in to her demands? This woman is out of control and needs a swift kick right in the ass. Her dim-witted husband is to scared to do it, so it was nice to see the ZBA did it for him. They sent her packing with a promise she could back again next month. Let's see if she is stupid enough to take them up on their offer, or have the frontal lobotomy she needs in the meantime. I think the board is hoping for the latter.
If she does come back, perhaps the board could put up a circus tent and sell tickets for the freak show. That would drop our tax rate a couple dollar a thousand.
And what does that have to do with the trucking company?
I think its pretty sad that this Trucking firm couldn't come to Atkinson, My husband works in the area where the firm currently runs out of, and really, the people are making a much bigger deal over this, than they should..they should check out where they are now,and they would see it isn't as bad as they make it out to be..shame shame on them.
I think it's pretty sad that people think that the needs of a company should come over the needs of the residents of an area. Since when is local government supposed to serve corporations over individuals?
Atkinson is a rural residential town; I don't see people not getting that. There are much more appropriate places for a company like this; along Route 111, Industrial Way, all along Route 125, anywhere but bordering on a residential area. Is that so difficult to understand?
They WERE going to put it on industrial way off 111 off hall farm rd.
Yep backed right up to a nice quiet neighborhood. These people should be able to sleep in the summer with their windows open.
MOVE! The commerical/industrial zone was there before you. Also nowhere does this property abutt residential in Atkinson or Salem. Get your facts straight
And i think you people way overdramatized the whole situation, it isn't as noisy as you made it out to be. Absolutely ridiculous..I'm ashamed to live in the same town as you..you all gotta be transplants.
Anon 7:47 AM
"MOVE! Get your facts straight!"
Who are you and why are you telling people to move out of town? Are you responsible for the vandalism to Mr. Acciard's home and vehicle? The words "MOVE, LEAVE CHIEF ALONE, MOVE" was written on house/vehicle.
Who is the criminal that did this?
"Who are you and why are you telling people to move out of town"
I've read the the post,were does it say to "move out of town",your the one who inserted that little BS. And if you had any clue you would know that any abutters remotely near this site already live out of town SALEM NH!
It's people like you who make up lie then drag the Chief into it that makes Atkinson look bad.Look into your mirror, you might find that criminal.So try to get your facts straight!
"MOVE! The commerical/industrial zone was there before you. Get your facts straight"
When should I MOVE! and where to?
Why the threat?
To put things in perspective, here is a Google Earth flyover from a point about 100' above the Judge Marshall conservation land North of Industrial Drive, looking towards Mystery Hill to the Southwest. The altitude is exaggerated by a factor of 3x so that you can see the hills.
The development just past Industrial Drive is the abutters from Salem. The farm in front of Mystery Hill, just to the left, is the Duston Farm on the Haverhill Road, which Chuck Morse has been trying to help get preservation funds. The nearest Atkinson abutters are about 750' to the left of the photo on Deer Run Road.
I for one am glad PJ gave up the fight and won't be waking up the druids.
Tim Thanks for the link.By looking at this photo, I belive the site in question is the second from the left.If so it appears to be surrounded by heavy woods and Deer run could not even been seen on this photo.Would that be correct
TIA
so if a noisy trucking company goes next to residents in Salem we should allow it? It's ok if someone cant have their windows open on a summer night if they live just over the border of town? Are you ignorant?
What do you think will happen to Atkinson residents that live on the border of Salem if we disregard the quality of life issues of for Salem issues that live on our border?
Also, truck depots are NOT an accepted use for that area, so get your facts straight...
Are trucks allowed in a commerical/industrail zone or not? IF not what is going to be done about the similar businesses located in the same area as reported in the ET.
Sooooooo, how noisy are the trucks at Palmer Gas? Are the neighbors complaining about them, the new trucking company was proposing less trucks then them..you all overreacted.
I live in the center of twon and can't keep my windows open due to the noise from unruly neightbors. I feel for the people who would have to live next to that. THEY were there first.
Palmer Gas is not a valid comparson.
They have only a few large trucks which typically aren't operated 24 hours, as the (many more) trucks at the trucking facility would have been.
I guess just because you don't live next to it, the noise doesn't matter?
Since when do people argue for companies over neighbors????
Palmer Gas/ Ermer oil has over fifty commerical vehicle. PJ was only looking at seven
Just what we need for our sleepy little town. A noisy stinking 24 hour truck terminal transporting flamable fuel. But hey it's business and if you don't dig the noise, MOVE!!
Well said
Since when do we choose companies over neighbors??? The business was going to be in the industrial park!!! And I would be really curious to get the data on how many residents lived there BEFORE the industrial park was there. And as far as me living next door..you see, I chose to not live next to an industrial park...those that moved there after it was there did choose to live there!
Just look at who is doing the most complaining.
Then look who his daddy is.
I wonder where his brother the developer is going to builds next
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