Salem Planning Board Meeting - July 22, 2025: Subdivision, Zoning, and Public Matters
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Salem Planning Board Meeting - July 22, 2025
The Salem Planning Board met on July 22, 2025, at 7:00 p.m. (default time) to consider a two-lot residential subdivision, discuss zoning amendments, and review several public matters. Chairman Joe Fioli presided with members Jim Harvey, Sean Lewis, Jeff Hatch (town council representative), and planning staff Jacob Lafontaine.
Consent Calendar
- Plan Completeness: The board unanimously accepted the Museum Meach Subdivision plan as complete.
Public Comments & Testimony
- Kathleen Graziano (79 School Street): Expressed concern about existing yard flooding and potential runoff from the proposed subdivision affecting her septic system. She requested assurance that the project would not worsen conditions. Board members noted the matter is likely unrelated and directed her to municipal services for follow-up.
Discussion Items
- Museum Meach Subdivision (78 School Street): Kurt Meisner (engineer) presented a two-lot subdivision. The existing lot with a multifamily building will remain (0.94 acres), and a new single-family lot (0.77 acres) will front on Jana Road. The site has municipal water and sewer, no wetlands or floodplain. A variance was obtained in May for an undersized lot, with stipulations on runoff infiltration and other conditions. Planning staff recommended conditional approval subject to staff sign-offs, monument bonding, and applicant representations. Board member Jeff Hatch noted the dumpster on the multifamily lot lacks screening; he recommended conditioning its screening. The board agreed.
- Gaffney Property (Public Matter): Jacob Lafontaine reported that the town’s planned drainage and utility easement on the Gaffney property is cost-prohibitive due to contamination and will be dropped. Only an access easement for the rear parcel will be recorded. The board accepted the modification to the prior approval.
- Pep Boys Facade Improvement (1254 South Broadway): A site plan exemption was requested for facade changes, including a new parapet and enclosure. The board had no concerns.
- 203 South Broadway (Hotworks Fitness Studio): The applicant proposes a boutique fitness studio (24/7 by reservation) in a former Jenny Craig space. Jenny Craig was classified as a membership club; the board determined Hotworks is the same use (membership club) and no change of use is needed. Parking on site is ample.
- Temporary Events: Employee events at 11 Industrial Way (300 people, two shifts) and 32 Northwestern (smaller) were presented; both are not open to the public. The town’s “Salem Celebration” on August 9th in the high school parking lot was noted for information.
- Spirit of Halloween (temporary retail in Bob Stores): Planning staff requested a waiver to issue the permit while the application undergoes planning board review. The board authorized staff to sign off.
- Zoning Amendments:
- Short-Term Rental Definition: Staff proposed amending the single-family dwelling definition to expressly prohibit short-term rentals, following a Supreme Court decision invalidating Conway’s ordinance. The Portsmouth definition was used as a model. The board agreed this is a necessary interim step before broader regulation.
- Accessory Dwelling Units (ADU): HB 577 requires municipalities to allow detached ADUs on single-family lots. The amendment updates terminology from “accessory apartment” to “accessory dwelling unit,” removes the attached-only requirement, and strikes aesthetic consistency provisions (state law prohibits restrictions not applied to principal dwelling). A board member noted the need to prohibit short-term rentals in ADUs to avoid loopholes; staff will add that language.
- Wetland Conservation Ordinance: A conservation commission request would require a three-year monitoring escrow for wetland mitigation areas. The board supported the idea.
- Depot Village Overlay District: The board discussed whether to pursue mandatory depot zoning now or wait for a comprehensive zoning update. After debate, the board decided to move forward with depot zoning first due to redevelopment urgency (e.g., vacant Lapoli’s site), then incorporate the comprehensive update. Staff will prepare a draft based on the 2021 proposal for the next meeting packet.
- Master Plan Updates: Community development will present recreation, open space, and depot master plans at upcoming meetings (September 12, October 14, October 28). The board agreed to keep the regular 7:00 p.m. start time.
Key Outcomes
- Museum Meach Subdivision: A motion to hear in one hearing and grant conditional approval with four conditions (including dumpster screening) was made by Sean Lewis, seconded, and passed unanimously.
- Gaffney Easement: The board accepted the modified condition requiring only an access easement; the drainage and utility easement is dropped.
- Pep Boys Facade: Site plan exemption noted; no further action needed.
- Hotworks Fitness Studio: Change of use determination affirmed as same use; no further planning board action required.
- Temporary Events: Approved as presented.
- Spirit of Halloween Waiver: Authorized staff to issue permit.
- Zoning Amendments: Staff directed to draft amendments for short-term rental prohibition, ADU updates (with short-term rental prohibition), and wetland monitoring escrow. Depot overlay draft to be prepared for next board packet.
Meeting Transcript
Good evening. I would like to call the July 22nd, 2025 meeting of the planning board to order. Please stand for the Pledge of Allegiance. Pledge allegiance to the flag of the United States of America. And so the Republic for which it stands. One nation under God and the Liberty and Justice for all. My name is Joe Fioli. It's my pleasure to serve as chairman tonight, members of the planning board sitting tonight to my right at Jim Harvey. Good evening, Salem. Good evening, Salon. Sean Lewis. Good evening. And to my left, town council rep Jeff Hatch. Good evening. And we have Jacob Lafontaine from the planning department. The agenda for tonight is as follows. One item of new business. The Museum Meach Subdivision. It's preliminary preliminary hearing for a two-lot residential subdivision at 78 School Street. And that is it on the agenda. Any withdrawals? No withdrawals. We'll save the minutes for when we have a secretary. Yes, the plan's complete. Okay. Mr. Chairman, this time. I move to accept the plan as complete. Second. Motion or second to accept the Museum Meach subdivision plan. Any discussion? All in favor. It's unanimous. Thank you. Butters, please. The abutters are as follows. If you're here, please indicate by saying so. They are buggy, family trust, Lewis, Murray, Olds, Graziano, Graziano's here, Ristro, Costa, Kurdowski, De Boole, and that is all. Thank you. We'll go to advocate for that claim. Excuse me. Good evening, uh, Mr. Chairman of Board members. My name is Kurt Meisner. I'm with Meiser Brum Corporation with the engineers for the project. Um what we have in front of you this evening is a uh a two-lot residential subdivision. Uh the site's located at the corner, uh the northeast corner of Jana Road and School Street. Uh there is an existing uh multifamily building on the uh occupied lot, which is uh the one that is adjacent to school street, and we're proposing a new residential lot that would front would front on JANA Road. Um back in uh in May we were in front of the zoning board uh for a variant uh to allow the multifamily uh buildings to be on a lot that was smaller than was originally created, um, and they did approve that. So the new lot, the vacant lot off of JANA.
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