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OPENPUBLICA · PUBLIC MEETING RECORD

Record of Proceedings

Salem Planning Board Meeting Summary - December 9, 2025

Planning Board — Tuesday, December 9, 2025

BodySalem, New Hampshire

SessionPlanning Board

DateTuesday, December 9, 2025

StatusFILED

Video Record

0:00 / 2:45:47

Transcript — VerbatimClick a line to jump · ⧉ to share it

0:01

Good evening.

0:02

I would like to call the December 9th, 2025 meeting of the planning board to order.

0:06

Please stand for the Pledge of Allegiance.

0:10

Pledge of allegiance to the flag of the United States.

0:24

My name is Joe Fioli serving as chairman tonight.

0:27

Members sitting for the planning board tonight.

0:28

Uh to my right, Jim Harvey.

0:30

Good evening, sir.

0:31

Bianca Carlson.

0:32

Good evening, Salem.

0:33

And to my left, Town Councillor Jeff Hatch.

0:36

Good evening.

0:36

And Damian Norcross.

0:38

Good evening.

0:38

Last meeting of the year.

0:39

Yeah, and the with us from the planning department, we have Jacob Lafontaine.

0:44

Uh as planning director, agenda for tonight is as follows.

0:48

We have four items of new business.

0:50

First is the auto zone site plan.

0:52

It's a public hearing for 6,800 square foot retail building at 42 North Broadway.

0:57

Sarage Realty LLC site plan.

1:00

It's a public hearing for amended site plan and phasing scheduled for a 6,000 square foot office space, vehicle maintenance and dry ice manufacturing building and a 20,000 square foot warehouse storage building.

1:12

Um at 44 Pelham Road.

1:14

Uh Rockingham Christian Church site plan uh number three on the new business.

1:19

It's public hearing for revised site plan, uh, adding 150 seats with the conditional use permit for reduced parking at 2K Key Way to Drive and Salem NIM site plan.

1:29

That's a public hearing for change of views for 19,600 square foot restaurant and entertainment use with a conditional use permit for reduced parking and additional signage at 11 Mall Road.

1:40

Um withdrawals tonight?

1:42

Uh Mr.

1:43

Chair, the second item of new business, Saraj Realty LLC has requested uh withdrawal and to be moved to the January 13th, 2026 meeting.

1:54

The um applicant still needs to go to the zoning board of adjustment, which will be heard uh Thursday due to the weather storm last Tuesday.

2:03

Uh thank you.

2:03

Let it be known for the record that uh Chuck Sabah is sitting.

2:08

Um point of order really quick.

2:13

Is that actually a continuance or is that a withdrawal?

2:18

We would re-notify abutters, I think in this instance, uh, because the application we notify four meetings, and it was originally notified for our first meeting in November, but they've since exceeded that.

2:29

So I don't think the board needs to continue the application.

2:32

I think we would just have the uh uh the applicant re-notify the abutters.

2:38

Okay, thank you.

2:43

Um we have three minutes, three items of minutes for tonight.

2:48

Um chair, I move to accept the minutes of the regularly scheduled meeting of October 28th, 2025 as written.

2:57

Second motion and second to accept the October 28th, 2025 meeting minutes.

3:03

All those in favor nice unanimous.

3:08

Ms.

3:09

Chair, I make a motion to accept the minutes of the planning board meeting on November 13th, 2025 as written.

3:17

Motion and second to accept the November 13th, 2025 meeting maybe minutes of the planning board.

3:23

Um discussion.

3:27

Abstaining.

3:28

Okay, that was 40.

3:32

And finally, Mr.

3:33

Chair, I make a motion to accept or to approve the minutes of the planning board meeting of November 25th, 2025 as written.

3:40

Second.

3:41

Motion of second to accept the November 25th, 2025 meeting minutes from the planning board meeting.

3:48

Um all in favor.

3:52

It's uh four abstaining, one abstention, four zero zero.

3:57

Thank you.

3:59

All right.

3:59

With that, we'll go to the first item of uh new business.

4:04

It's the auto zone site plan public hearing for 6800 square foot retail building at 42 North Broadway.

4:13

Is the plan complete?

4:14

Yes, Mr.

Discussion Breakdown — Share of Meeting

Zoning Regulations█████████████████████████████████████████████59%

Parking Management███████9%

Procedural█████7%

Environmental Protection███4%

Transportation Safety███4%

Economic Development███4%

Parks and Recreation██3%

Community Engagement██2%

Engineering And Infrastructure██2%

Summary of Proceedings

Salem Planning Board Meeting - December 9, 2025

The Planning Board of Salem convened its final meeting of the year to deliberate on three new business items: a site plan for AutoZone, a revised site plan for Rockingham Christian Church, and a site plan for Salem NIM LLC (Game On and Loretta's). The board unanimously approved the AutoZone and Church plans subject to conditions, continued the Salem NIM LLC plan for further design refinement, and addressed several administrative public matters including minor revisions for Casino Salem and tenant improvements.

Consent Calendar

Unanimous approval of minutes from the October 28, 2025, meeting.
Approval of November 13, 2025, minutes with four abstentions.
Approval of November 25, 2025, minutes with one abstention.
Withdrawal of the Sarage Realty LLC site plan from the agenda to the January 13, 2026 meeting due to the need to notify abutters of a previous application that exceeded notification timelines.

Public Comments & Testimony

Albert Raymond (34 North Broadway of Salem LLC), owner of Decalorus Christian Books and Gifts, expressed strong concern regarding the AutoZone proposal. He argued that the new building's placement eliminates 60% of his customer parking used for over 50 years, creating a serious hardship for long-established businesses. He expressed opposition to the construction location due to fears of structural damage from vibrations near his fragile inventory and safety hazards caused by lack of municipal parking. He cited potential fire risks associated with auto oil and battery storage, referencing multiple U.S. incidents.
James Ferriola (48 North Broadway) expressed support for the applicant's design improvements but voiced concern regarding the lack of required setback buffers and the safety of pedestrians crossing near the site, emphasizing that the Depot District vision involves mixed-use which the current application does not mandate.
Diane Ferriola expressed opposition to the placement of the building, arguing that the traffic hazards for pedestrians contradict the "Salem of the Future" recreational vision. She criticized the proximity of the building to her property and the obstruction of signage, stating these factors create an unfair disadvantage for existing property owners.
Board Member Damian Norcross acknowledged the difficult position of the abutters, stating he has concerns that the Depot Overlay District is poorly written and allows developments that do not align with the original envisioned pedestrian-friendly downtown character.

Discussion Items

AutoZone Site Plan (42 North Broadway):
- Applicant Position: The applicant stated they are willing to work with abutters on parking agreements, though they emphasized they are legally tied to the current building orientation by the Depot Overlay District requirements which mandate street-facing structures. They expressed commitment to stormwater improvements and maintaining tree cover.
- Staff Position: Planning Director Jacob Lafontaine noted the design has significantly improved regarding facade transparency and pedestrian amenities. However, the Department expressed concerns regarding the south-facing facade visibility and the adequacy of retaining wall details, recommending they be conditioned for final approval.
- Board Deliberation: Members debated the harm caused to abutters versus the benefits of the overlay district compliance. Ms. Carlson and Mr. Norcross expressed sympathy for the abutters but acknowledged the legal constraints. Mr. Hatch advised pre-blasting surveys to document potential construction damage. The board requested enhancements to the south-facing facade to ensure it is visually acceptable even if the neighbor's property is later redeveloped.
Rockingham Christian Church Site Plan:
- Proposals: The church seeks to increase seating from 250 to 400 seats with a conditional use permit for reduced parking, relying on off-site agreements.
- Staff/Board Position: Staff recommended approval contingent on recorded parking agreements. The board expressed caution, urging that the seat count be strictly contingent on the validity of off-site parking; if the agreement terminates, the board must ensure the capacity reverts to the original 250 seats.
Salem NIM LLC Site Plan (11 Mall Road):
- Applicant Position: The Lions Group expressed enthusiasm for bringing "Game On" and "Loretta's Last Call" to Salem. They noted that outdoor dining is not utilized in their other locations due to customer preference for indoor gaming, explaining the removal of a proposed patio.
- Staff/Board Position: Staff identified significant concerns regarding the west-facing facade design, specifically the lost pedestrian connection and lack of transparency at the main entrance. The board expressed dissatisfaction with the current rendering, noting the previous design was superior. There were questions regarding the clarity of sidewalk connections from Tuscan Village to the new site and the placement of dumpsters relative to the patio.

Key Outcomes

AutoZone Site Plan: Granted conditional approval by a vote of 5-1. Conditions include: third-party design review for the retaining wall, signage, and bench details; submission of engineering and fire department approvals; payment of a road impact fee of $18,036; prohibition of vehicle repairs on-site; and the requirement to enhance the south-facing facade with tinted opaque faux windows prior to occupancy.
Rockingham Christian Church: Granted conditional use permit and conditional site plan approval unanimously (5-0). Conditions include: installation of upright ADA signs; submission of executed and recorded parking agreements for 120 off-site spaces; and a post-occupancy parking study. The board clarified the condition that seat counts revert to 250 if parking agreements are terminated.
Salem NIM LLC: Continued unanimously (5-0) to the January 13, 2026 meeting. The board directed the applicant to rework the main entrance design to improve pedestrian transparency and connectivity, and to finalize landscaping and facade details before proceeding.
Casino Salem Phase II: Noted minor revisions to the architecture and canopy extension; staff will continue to review outstanding conditions regarding landscape and lighting.
Kimco Shopping Center: Site plan exemption approved for new facade and entryway at the former Christmas Tree Shop space.
Shaking Seafood: Approved proposal to add a 4-foot CMU parapet wall to screen rooftop mechanical units.
Sevmar Event Center: Conditionally approved food truck placement, with the condition that it must be removed prior to the Certificate of Occupancy for the main event center.

Meeting Transcript

Good evening. I would like to call the December 9th, 2025 meeting of the planning board to order. Please stand for the Pledge of Allegiance. Pledge of allegiance to the flag of the United States. My name is Joe Fioli serving as chairman tonight. Members sitting for the planning board tonight. Uh to my right, Jim Harvey. Good evening, sir. Bianca Carlson. Good evening, Salem. And to my left, Town Councillor Jeff Hatch. Good evening. And Damian Norcross. Good evening. Last meeting of the year. Yeah, and the with us from the planning department, we have Jacob Lafontaine. Uh as planning director, agenda for tonight is as follows. We have four items of new business. First is the auto zone site plan. It's a public hearing for 6,800 square foot retail building at 42 North Broadway. Sarage Realty LLC site plan. It's a public hearing for amended site plan and phasing scheduled for a 6,000 square foot office space, vehicle maintenance and dry ice manufacturing building and a 20,000 square foot warehouse storage building. Um at 44 Pelham Road. Uh Rockingham Christian Church site plan uh number three on the new business. It's public hearing for revised site plan, uh, adding 150 seats with the conditional use permit for reduced parking at 2K Key Way to Drive and Salem NIM site plan. That's a public hearing for change of views for 19,600 square foot restaurant and entertainment use with a conditional use permit for reduced parking and additional signage at 11 Mall Road. Um withdrawals tonight? Uh Mr. Chair, the second item of new business, Saraj Realty LLC has requested uh withdrawal and to be moved to the January 13th, 2026 meeting. The um applicant still needs to go to the zoning board of adjustment, which will be heard uh Thursday due to the weather storm last Tuesday. Uh thank you. Let it be known for the record that uh Chuck Sabah is sitting. Um point of order really quick. Is that actually a continuance or is that a withdrawal? We would re-notify abutters, I think in this instance, uh, because the application we notify four meetings, and it was originally notified for our first meeting in November, but they've since exceeded that. So I don't think the board needs to continue the application. I think we would just have the uh uh the applicant re-notify the abutters. Okay, thank you. Um we have three minutes, three items of minutes for tonight. Um chair, I move to accept the minutes of the regularly scheduled meeting of October 28th, 2025 as written. Second motion and second to accept the October 28th, 2025 meeting minutes. All those in favor nice unanimous. Ms. Chair, I make a motion to accept the minutes of the planning board meeting on November 13th, 2025 as written. Motion and second to accept the November 13th, 2025 meeting maybe minutes of the planning board. Um discussion. Abstaining. Okay, that was 40. And finally, Mr. Chair, I make a motion to accept or to approve the minutes of the planning board meeting of November 25th, 2025 as written.

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