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ZBA approves large storage building variance for Valley Road carnival operator with pollution controls
Summary
The New Durham ZBA granted a variance allowing a 36,000 sq ft storage building at 124 Valley Road for carnival equipment, imposing conditions including NH DES septic approval, a stormwater plan, concrete flooring where large-fluid-containing equipment is stored, and annual operations-and-maintenance submissions.
The New Durham Zoning Board of Adjustment voted to grant a variance to Article 9 Section C permitting a 36,000-square-foot storage structure at 124 Valley Road, where the town's Town Center Mixed Use District normally caps an individual building footprint at 6,000 square feet. The application, presented by Paul Dining of Dining Engineering on behalf of the property manager, explained the building would store carnival equipment for Fiesta Carnival/Rochester Fair and would largely be used seasonally (roughly end of October through early April). The motion adopted detailed conditions: the applicant must obtain New Hampshire Department of Environmental Services (NH DES) septic approval and Durham health clearance, comply with federal/state/county/municipal laws, submit as‑built plans before a certificate of occupancy, implement an approved stormwater plan, store all equipment containing more than 10 gallons of fluid on concrete, and use drip pans for equipment with 10 gallons or less.
During the hearing the applicant described the equipment mix and storage plans and committed to follow prior planning-board conditions. The applicant said, "So the answer is yes. Our plan is to live with all the intent that was agreed to the 1st time around," when asked whether the operations-and-maintenance commitments would continue. The board specifically required a 6,000-square-foot minimum concrete pad under the main building area where fluid transfers or storage could occur and recorded the motion as passing with four ayes. The permit will be conditioned on the required external approvals and as‑built documentation before occupancy.
