SALEM, N.H. — Planning Board members Wednesday night conditionally approved a site plan to build a large-scale casino in The Mall of Rockingham Park.
Despite concerns raised by attorney Amy Manzelli, representing abutters Jamie and Chris Cummings, board members advised Manzelli to take up any legal action with the applicant, or the town, and surged ahead with a 5-2 vote in favor of the application after nearly three hours of discussion.
“This application is not approvable because it does not provide enough information about how it will impact the neighborhood around it,” Manzelli said. “It requires the consideration of public health and safety and the general welfare, comfort and convenience of the residents of the immediate neighborhood.”
On behalf of the Cummings, Manzelli said concerns include the taxpayers’ burden of increased public safety, traffic impacts on neighboring properties, how the project is going to affect pedestrians and bicyclists and how lighting could impact abutters.
Additionally, Manzelli raised concerns about a former deed restriction that prohibits any gaming facility on the property which attorney John Sokul of Hinckley Allen, representing the applicant, said had expired and was no longer applicable to the land.
Manzelli urged board members to continue the application until a hired team of consultants can review the application and provide an analysis from the perspective of an abutter.
“As far as adding any staff to alleviate any concerns, that cost would be entirely on the property managers and owners and would not have a tax impact nor would it impact the salaries or the need for additional staff,” said Police chief Joel Dolan in response to her public safety concerns.
“This is not anything we aren’t accustomed to or not prepared to respond to.”
Board members and Planning Director Jacob LaFontaine agreed they were satisfied with the traffic study and felt it addressed Manzelli’s concerns while Mark Gross of Tuscan Village said the lighting has never been an issue to abutters since the mall’s continued development began in 1991.
During public comment, many residents spoke in favor of the casino and the positive impact it will have on the town and surrounding communities while others commented on the trust they have in developers Sal Lupoli, of Lupoli Companies, and Joe Faro, of Tuscan Village.
“Ten years ago, the town voted in support to bring this type of facility to town,” said Town Council Chair Joe Sweeney during public comment. “This is an exciting time and something the town has wanted for a bit. This is a positive development I am supportive of.”
LaFontaine added the developers have worked collaboratively with the town, considered residents’ concerns and made many modifications to the site plan to satisfy those needs.
Though board members were satisfied with the overall site plan, a few were apprehensive to move forward with a vote without giving Manzelli and her team proper time to review the materials and provide analysis and feedback to the town.
“I don’t want to completely disregard the Cummings’ attorney and her comments in her letter relating to the Planning Board handbook,” said board member Bianca Carlson.
“Very rarely have we seen an abutter, a citizen, spend their money to the degree that the Cummings have,” agreed board member Damon Norcross. “I believe they should have an opportunity to offer an alternate opinion with their own consultants.”
Vice Chair Sean Lewis added that he would like to seek a continuance until Dec. 10 to give them time to respond.
“I’m not going to stop the approval because of this,” said board member Paul Pelletier. “This is a very wonderful enterprise that wants to do business in Salem. I will be in favor of this.”
A motion was made and passed 5-2 in favor of the site plan. Both Carlson and Lewis voted against the motion.
The $160 million, three-story Live! Casino will feature over 900 historic racing machines; more than 40 gambling tables, including poker; a movie theater; event space; a sports lounge; golf simulators and retail shops strewn between two floors, while the third floor will be used for office space with an employee dining area and outdoor patio.
In phases beginning early next year, developers plan to demolish the interior of the building, which has been vacant since 2020, and remodel it to accommodate the casino and entertainment venue.
If the venue is successful, developers said there could be plans for future expansion that would include a hotel, if the town and owner of the mall agree.