A sports bar will keep customers happy at the proposed Live! Casino in Salem.
SALEM, N.H. -- A deed restriction imposed in 1990 with the sale of what is now The Mall of Rockingham Park property won't impact the construction of Live! Casino, according to developers.
During an October Planning Board meeting, Tuscan Village resident Lisa Sullivan raised concerns during public comment about the deed restriction and urged the town to look into any limitations that might be in place.
"It's a private agreement and we are staying out of it," said Planning Director Jacob LaFontaine during a phone call. "From the town's perspective, we're looking at our zoning ordinance, which permits charitable gaming East of South Broadway."
With the sale of the property in 1990 came a use restriction prohibiting gambling of any kind on the property, with the exception of the sale of lottery tickets, according to a copy of the deed obtained from the Rockingham County Registry of Deeds.
"The Mall Parcel will not be used for off track betting, parimutuel or a gambling facility of any kind...," the deed reads. "This use restriction shall run with the title of the Mall Parcel. The benefits of this use restriction and the right to enforce same shall run with the title of the Grantor's remaining land, which remaining land is approximately 171 acres."
The use restriction went into effect in 1990 when Rockingham Venture sold the mall parcel to NED Rockingham Limited Partnership.
"The land is currently owned by Simon Properties," said Mark Gross of Tuscan Village Development in an email. "The 1990 deed restriction was with Rockingham Venture and is null and void. We look forward to developing Live! Casino Salem early in 2025."
If the deed restriction applied today, the construction of a casino at the mall, which was proposed in September by Joe Faro, owner of Tuscan Village, and Sal Lupoli, owner of Lupoli companies, could have been blocked.
Gross could not say when the deed restriction was voided, or why, stating that he did not have additional information beyond knowing it had been voided.
"This will generate tens of millions of dollars each year in vital support for New Hampshire charities, create over 700 new, permanent jobs, support 1,800 jobs during construction, and generate hundreds of millions of dollars in economic stimulus for the region," Gross said.
The Salem Planning Board has not yet approved the project.
If approved, the $160 million, three-story casino will feature over 900 historic racing machines; more than 40 gambling tables, including poker; restaurants; 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.
Once approved, developers will demolish the interior of the building, which has been vacant since 2020, and remodel it to accommodate the casino and entertainment venue. The project will then be developed in phases, beginning early next year.
Traffic concerns remain a top issue for board members and residents who fear an influx of traffic from the north and the south could clog interstates and back roads surrounding the facility.
The discussion is set to continue at a later date.