Salem Planning Board Meeting - August 26, 2025

The Salem Planning Board convened on August 26, 2025, at 7:00 PM (estimated) under Chair Joe Fioli. The board approved minutes, held public hearings on five zoning amendments (one tabled), and considered three new business items: a lot line adjustment, a two-lot subdivision, and a change of use for firearms retail. A public matter regarding a Planet Fitness relocation was also discussed.

Consent Calendar

• Minutes Approval: The board approved minutes from July 8, 2025 (7-2 abstentions), July 22, 2025 (6-1 abstention, with correction noting Jeff Hatch as council rep), and August 12, 2025 (5-2 abstentions).

Public Comments & Testimony

• Zoning Amendment 1 (Transient Uses): Mr. Conte expressed concern about prohibiting short-term rentals, noting they provide income for homeowners amid rising housing costs. He suggested regulation rather than prohibition. Planning Director Jacob Lafontaine explained the amendment is a stopgap after a state Supreme Court decision (Conway) that limited towns' ability to prohibit short-term rentals under permissive ordinances. The board later voted to send the amendment to town council.
• Contorino Subdivision: An abutter, Ms. Lloyd (via letter), expressed concern that the proposed house location shifted from the ZBA hearing, potentially creating line-of-sight issues with her living room. The applicant clarified the building envelope is flexible; the board added a 20-foot no-cut buffer condition.
• Better Arms Sales LLC: Yuri Casper, president of the property association at 40 Lowell Road, raised concerns about the change of use running with the land (affecting future tenants), parking surplus (he disputed the surplus), and the nature of the retail (appointment-only pickup vs. walk-in). The applicant confirmed online sales with local pickup; the board added a condition for appointment-only operations.

Discussion Items

• Zoning Amendments (Public Hearing):
  • Amendment 1 (Transient Uses): Proposed to revise residential definitions to exclude transient uses (hotels, motels, short-term rentals under 30 days). Discussion included concerns about housing supply and noise complaints. Board voted unanimously to send to town council.
  • Amendment 2 (ADU Ordinance): Revised to allow detached accessory dwelling units per new state law (HB 577). Clarified that pre-existing detached structures (e.g., garages) qualify. Board voted unanimously.
  • Amendment 3 (Parking Requirements): Reduced parking to one space per residential unit to comply with state law. Board voted unanimously.
  • Amendment 4 (Kennels, Cigar Bars, Nightclubs): Tabled for a future hearing.
  • Amendment 5 (Wetland Mitigation Monitoring): Required post-construction monitoring and performance guarantees for wetland mitigation areas, recommended by Conservation Commission. Board voted unanimously.
• Brandon Subdivision (Lot Line Adjustment): Proposal to convey 0.005 acres (200 sq ft) from 97 Millville Street to 51 Dyer Avenue to improve a non-conforming setback (from ~7 ft to 10.4 ft). The lot had been unmerged by town council in April 2025. ZBA variance granted. Conditions: staff approvals, monuments, impact fee ($9,281 for new dwelling), and compliance with representations. Board approved unanimously.
• Contorino Subdivision (Two-Lot Subdivision): Proposal to create a new vacant lot north of 434 North Main Street (approx. 6 acres). ZBA variance for frontage on existing lot. Common driveway required. Conditions included: two-way traffic flow, 20-foot no-cut buffer along northerly lot line, 250-foot protected shoreland buffer marking, and recording of driveway easement. Board approved waiver for shared driveway and granted conditional approval unanimously.
• Better Arms Sales LLC (Change of Use): Request for 200 sq ft retail firearms sales at 40 Lowell Road, Unit 7/8. Currently a heavy equipment sales/repair business. Change of use requires one additional parking space (surplus of 10). Impact fees: $326 traffic, $58 public safety (if applicable). Conditions: staff approvals, by appointment only, no more than five construction vehicles displayed (with specific note), septic correction, and identification of display spaces. Board approved unanimously.
• Public Matter – Planet Fitness Relocation: Jacob Lafontaine presented a request to waive site plan review to allow a building permit for landlord fit-up of the former Christmas Tree Shop space (28,475 sq ft to 22,000 sq ft) for Planet Fitness. Board discussed urgency and allowed Jacob to sign the building permit with the caveat that no exterior renovations occur without further board approval. Motion passed unanimously.

Key Outcomes

• Zoning Amendments 1, 2, 3, 5: All sent to town council with unanimous votes (4-0 for each; amendment 4 tabled).
• Brandon Subdivision: Approved unanimously with four conditions.
• Contorino Subdivision: Approved unanimously with seven conditions, including a waiver for shared driveway and a 20-foot no-cut buffer.
• Better Arms Sales LLC: Approved unanimously with conditions including appointment-only operations and minor plan corrections.
• Planet Fitness Waiver: Approved unanimously to allow building permit issuance for interior fit-up only, with exterior changes subject to future board approval.
• Next Meeting: Master plan efforts scheduled for September 9, October 14, and October 28, 2025.