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Zoning Board of Adjustment — May 5, 2026

Salem ZBA defers pickleball decision, seeking independent acoustic study to address resident noise concerns.

The meeting featured a spirited public hearing regarding pickleball noise, with significant tension between resident testimony and the applicant's technical mitigation claims.

Date Tuesday, May 5, 2026 Duration 2.1h Speakers 39 Public comments 11 Decisions 3 Spirited
▶ Video
Site plan and zoning exhibit for 93 Brookdale Road, Salem NH Video still
Site plan and zoning exhibit for 93 Brookdale Road, Salem NH Frame from meeting video ▶ 1:51:41

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Summary AI-generated to surface controversy & community impact without bias — always verify against the actual meeting before relying on it.

The Salem Zoning Board of Adjustment (ZBA) meeting on May 5, 2026, saw significant tension regarding the proposed outdoor pickleball courts at 179 Main Street.

While the applicant presented a mitigation package—including specialized surfaces and acoustic fencing—the Board expressed skepticism. Residents raised pointed concerns that these measures may not protect neighbors living in nearby multi-story buildings from the repetitive 'impulse pop' noise characteristic of the sport. Because the Board felt the applicant's engineering reports might not be sufficient to meet the legal burden of protecting property values and residential quietude, they have deferred the decision.

The ZBA is now moving to hire an independent, third-party acoustical engineer to conduct a site visit and review the mitigation plans. This ensures that the decision is based on unbiased data rather than just the reports provided by the developer. The matter is continued to a public hearing on June 2, 2026.

In other business, the Board voted 5-0 to grant a variance for a two-family dwelling at 93 Brookdale Road, contingent upon the submission of an approved septic design that meets lot loading requirements.

May 5, 2026 2.1h long 39 speakers 11 public comments 3 decisions Spirited
❝ Notable statements ↔ Drag to browse

“We are proposing that all outdoor play would be required to be utilizing USAP Quiet certified paddles.”

— Doug McGuire · Explaining the primary method to mitigate the sound of the paddle hitting the ball. ▶ 13:27

“Pickleball noise is worse than dying of cancer. I can't live a normal life for me.”

— Ivan Rabello · Reading a sample comment from a study regarding the psychological impact of pickleball noise on residents. ▶ 45:55

“If you can see the court, you're gonna hear the noise.”

— Unidentified speaker · Arguing that current sound mitigation (fencing) is ineffective for residents on upper floors of nearby buildings. ▶ 1:01:11

“You bear the burden of carrying each of the five criteria.”

— Unidentified speaker · Reminding the applicant that the legal requirement to satisfy all zoning criteria rests on them. ▶ 1:00:01

“You bear the burden. You bear the burden of carrying each of the five criteria.”

— Dionne Garon · Reminding the applicant that the legal responsibility to prove the necessity of the variance lies with them. ▶ 1:00:01

“When you have dueling studies, the person with the burden of proof loses.”

— Unidentified speaker · Explaining the legal requirement that the applicant must prove the project won't diminish property values. ▶ 1:37:44

“I would like to have our own independent acoustic engineer look at this property... and make me feel good and give me a reason to vote yes.”

— Edward Huminick · Expressing his current lack of confidence in the applicant's provided engineering report. ▶ 1:08:02

“I don't think there's any question that the removal of the existing structure won't be an improvement to the character of the neighborhood.”

— Unidentified speaker · Discussing the impact of removing the mobile home during the variance deliberation. ▶ 2:04:39
This meeting — choose a section

Public ⁠impact

Issues from this meeting with documented community impact.
What was discussed

Potential change in residential quietude and property values due to acoustic impact.

What happened

The application was continued to June 2, 2026, to allow for an independent acoustical review.

Topics ⁠discussed

Each topic expands to quotes and full context.
Speakers: Unidentified speaker
What was discussed

Review and approval of the minutes from the previous meeting held on April 7, 2026.

What happened

The minutes were approved as written with a 4-0 vote.

Speakers: Edward Huminick, Jacob Lafontaine, Doug McGuire, Ivan Rabello, Dionne Garon
What was discussed

A request by PR Sports Hooks LLC for a variance to permit six outdoor pickleball courts at 179 Main Street, focusing heavily on sound mitigation strategies.

What happened

The board did not reach a vote during this segment and was unable to reach a decision due to concerns regarding insufficient information and the need for an independent expert review. Chairperson Huminick expressed significant skepticism and requested more evidence.

Speakers: Unidentified speaker, Speaker N (Neil), Speaker R (Ray), Speaker T (Fremont)
What was discussed

A request to allow a two-family dwelling on a lot that does not meet the minimum frontage and acreage requirements for the rural district (MAP 86, Lot 73, 93), including removal of an existing mobile home.

What happened

The board moved to grant the variance subject to specific conditions regarding septic design. The board voted 5-0 to grant the variance, subject to the condition that an approved septic design demonstrating it can meet lot loading requirements is submitted prior to the issuance of a building permit.

Controversy & ⁠dissent

Where the board, the community, or the agenda diverged.

Potentially controversial issues

01

Variance Request for Outdoor Pickleball Courts (179 Main Street)

The proposal involves significant noise mitigation concerns. Residents expressed fear regarding the psychological and physiological impacts of the sport's repetitive noise, while the applicant provided mitigation plans that the board questioned for sufficiency.
Board position: The board expressed skepticism regarding the applicant's engineering data and requested more evidence via an independent study.
Internal dissent
While no formal vote was taken, Chairperson Huminick expressed significant skepticism and a lack of confidence in the current reports, signaling a need for independent verification.
high concern
02

Variance Request for 93 Brookdale Road (Two-Family Dwelling)

The request involves changes to lot size and frontage, and a neighbor raised concerns regarding the potential impact of new well drilling on the local water table.
Board position: The board supported the variance provided specific septic conditions were met.
medium concern

Community vs. board tension

Public ⁠comment

What residents said — verbatim, with timestamps.
11
Total speakers
5
Addressed
1
Partial
5
Not addressed
Doug McGuire
▶ 04:30
Addressed
Representing the applicant, McGuire presented a sound mitigation package to address noise concerns from potential outdoor pickleball courts. He detailed the use of specialized surfaces, USAP-certified quiet paddles, and acoustic fencing to reduce decibel levels. Key concern
Presenting mitigation strategies to satisfy the board's requirements for a variance.
Board response
The board listened to the presentation, with members asking questions regarding decibel levels and the relevance of the criteria.
The board allowed the full presentation and engaged in a detailed discussion regarding the effectiveness of the proposed mitigations.
Unidentified speaker
▶ 05:24
Addressed
An unidentified speaker asked for clarification on the average decibel level produced by pickleball if no mitigation is used. Key concern
The intensity of the noise generated by the sport.
Board response
The applicant (McGuire) responded directly with data regarding decibel levels.
The speaker's question was answered by the applicant during the testimony.
Ivan Rabello
▶ 39:08
Partial
An abutter who presented a scientific study regarding the physiological and psychological health effects of repetitive pickleball noise. He expressed concern that the noise acts as a form of 'torture' and causes high levels of distress. Key concern
The potential long-term health impacts and psychological distress caused by repetitive pickleball noise.
Board response
A board member (a speaker) questioned the applicability of the study, noting it did not include data on the specific mitigation efforts proposed by the applicant.
The board acknowledged the data and engaged with the speaker, but noted the study's limitations regarding the proposed mitigation.
Peter Malin
▶ 1:01:16
Addressed
A resident who expressed support for pickleball but noted he did not receive a notification letter. He questioned why he was not considered an abutter. Key concern
Lack of notification/voice in the process.
Board response
The board (a speaker) explained that his property was not identified as a direct abutter for notification purposes.
The board provided a procedural explanation for why he was not notified.
Paparian
▶ 1:00:59
Not addressed
An abutter who argued that the cumulative effect of both indoor and outdoor noise would destroy the quiet, residential character of the area. He expressed that the noise would be an unavoidable annoyance during outdoor activities like barbecues. Key concern
The accumulation of noise and the impact on the quiet residential atmosphere.
Board response
The board listened to the testimony as part of the public hearing process.
The board did not offer a direct rebuttal or resolution to this specific sentiment during the hearing, moving instead to other speakers.
Monassad
▶ 1:03:00
Not addressed
A resident living across the street who expressed opposition based on a desire to maintain the current quiet and calm atmosphere of the neighborhood. Key concern
Preservation of neighborhood quietness.
Board response
The board acknowledged the comment by allowing the speaker to finish.
No specific response or counter-argument was provided by the board.
Ken Butterworth
▶ 1:05:35
Not addressed
A potential tenant who spoke in favor of the project, arguing that ambient noise from traffic and nature is higher than pickleball. He suggested that indoor noise cancellation and weather conditions would minimize the impact. Key concern
The perceived overstatement of noise concerns compared to everyday ambient sounds.
Board response
The board listened to the testimony.
The board did not directly respond to his arguments.
Peter Muller
▶ 00:57
Addressed
A resident who expressed appreciation for the hearing but raised concerns about the placement of the courts being too close to the street. He also asked about enforcement mechanisms if the noise exceeds local limits. Key concern
Court placement/setbacks and the ability of the town to enforce noise limits.
Board response
The town planner (a speaker) explained the placement was due to existing drainage infrastructure.
The planner provided a technical reason (drainage) for the court location.
Ray Hurtow
▶ 1:58:39
Not addressed
An abutter in support of the project who noted the existing house on the property is in poor condition and that the proposed building is modest and appropriate for the area. Key concern
Support for the redevelopment of a worn-out property.
Board response
The board listened to the testimony.
The board acknowledged the support but did not provide a specific response.
Unidentified speaker
▶ 2:00:00
Addressed
A resident living directly behind the property who expressed concern that drilling a new well for the project might cause her existing well to go dry. Key concern
Impact of new well drilling on existing local groundwater/wells.
Board response
The applicant explained that they would be decommissioning the old well to replace it with a new one to ensure proper separation from the septic system.
The applicant provided a technical explanation of how the well relocation would work.

Decisions ⁠logged

Every recorded vote, with timestamps and dissents.
Motion to continue the pickleball application to the June 2, 2026, ZBA meeting.
The board decided to continue the matter to allow for additional information gathering and a third-party acoustical review.
Approved (Aye)
Motion to grant the variance for 93 Brookdale Road subject to a septic design that demonstrates it can meet the lot loading requirements for the number of bedrooms.
The variance for lot size and frontage was granted contingent upon the submission of an approved septic design.
Approved (5-0 in favor)
Approval of the April 7, 2026, meeting minutes.
The minutes were approved as written.
4-0 in favor

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Board hesitation and the need for independent evidence
The Salem ZBA is questioning the data behind the 179 Main St pickleball proposal. After residents raised concerns about noise impact, the Board deferred a decision to seek an independent acoustic study. Next hearing: June 2... https://meetingwatch.org/nh/salem/zoning-board/2026-05-05/ #MeetingWatch #SalemNH
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Decision summary for Brookdale Road
At the 5/5 ZBA meeting, the Board granted a variance for a two-family dwelling at 93 Brookdale Rd. The approval is contingent on a septic design that proves the lot can handle the extra load. #SalemMA #LocalGovernment https://meetingwatch.org/nh/salem/zoning-board/2026-05-05/ #MeetingWatch #SalemNH
299/280 chars
Community concerns regarding specific mitigation failures
Can acoustic fencing stop the 'impulse pop' of pickleball? Salem ZBA members expressed skepticism about the applicant's mitigation plans for 179 Main St, citing potential noise issues for residents in nearby multi-story... https://meetingwatch.org/nh/salem/zoning-board/2026-05-05/ #MeetingWatch #SalemNH
304/280 chars

X thread

1
The Salem Zoning Board of Adjustment (ZBA) hit a standstill on the 179 Main St pickleball court proposal during the May 5 meeting. Residents and Board members aren't convinced the current noise mitigation plans are enough. 🧵 #MeetingWatch #SalemNH
247/280
2
The applicant proposed 'quiet paddles' and acoustic fencing, but residents argued these won't prevent noise from reaching neighbors in nearby multi-story buildings. There is significant concern regarding the psychological impact of repetitive noise.
249/280
3
Recognizing a gap in the evidence, the ZBA deferred the vote. The Board is now looking to hire an independent acoustical engineer to conduct a site visit and review the plans before the next hearing on June 2, 2026. https://meetingwatch.org/nh/salem/zoning-board/2026-05-05/
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Facebook — long form

The Salem Zoning Board of Adjustment (ZBA) meeting on May 5, 2026, saw significant tension regarding the proposed outdoor pickleball courts at 179 Main Street. 

While the applicant presented a mitigation package—including specialized surfaces and acoustic fencing—the Board expressed skepticism. Residents raised pointed concerns that these measures may not protect neighbors living in nearby multi-story buildings from the repetitive 'impulse pop' noise characteristic of the sport. Because the Board felt the applicant's engineering reports might not be sufficient to meet the legal burden of protecting property values and residential quietude, they have deferred the decision.

The ZBA is now moving to hire an independent, third-party acoustical engineer to conduct a site visit and review the mitigation plans. This ensures that the decision is based on unbiased data rather than just the reports provided by the developer. The matter is continued to a public hearing on June 2, 2026.

In other business, the Board voted 5-0 to grant a variance for a two-family dwelling at 93 Brookdale Road, contingent upon the submission of an approved septic design that meets lot loading requirements. https://meetingwatch.org/nh/salem/zoning-board/2026-05-05/ #MeetingWatch #SalemNH

Action ⁠items

Who owes what, by when.
Explore hiring an independent acoustic engineer to conduct an unbiased study of the site and proposed mitigation.
Assigned: Edward Huminick
Identify/find an independent acoustical engineer to perform a third-party review of the mitigation plans.
Assigned: Jacob (Staff) · Due: By June 2, 2026
Submit an approved septic design demonstrating capacity for the proposed bedroom count prior to issuance of a building permit.
Assigned: Applicant (Dubay Group) · Due: Prior to building permit issuance

Member ⁠positions

3 issues · 0 explicit · 12 inferred
Present
Variance Request for Outdoor Pickleball Courts ✓
Skeptical; requested more evidence and an independent acoustic study.
Variance Request: 93 Brookdale Road (Two-Family Dwelling) YES ~
Approval of April 7, 2026, Meeting Minutes YES ~
Dionne Garon
Vice Chair
Present
Variance Request for Outdoor Pickleball Courts ✓
Emphasized that the applicant bears the legal burden of proof.
Variance Request: 93 Brookdale Road (Two-Family Dwelling) YES ~
Approval of April 7, 2026, Meeting Minutes YES ~
Elaine Cottrell
Secretary
Unknown
Variance Request: 93 Brookdale Road (Two-Family Dwelling) YES ~
Approval of April 7, 2026, Meeting Minutes YES ~
Unknown
Variance Request: 93 Brookdale Road (Two-Family Dwelling) YES ~
Approval of April 7, 2026, Meeting Minutes YES ~
Daniel Guild
Member
Unknown
Variance Request: 93 Brookdale Road (Two-Family Dwelling) YES ~
Approval of April 7, 2026, Meeting Minutes YES ~
David L. Bruce
Alternate
Absent
Anthony Conte
Alternate
Absent
Matthew Palmer
Alternate
Absent
Michael Smith
Alternate
Absent

Positions marked ~ are inferred from context and may not reflect the member's explicitly stated position. UNCLEAR means the vote was split but the record did not name how this member voted — it is not a “yes.”

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Report composed by gemma-4-26b, grok-4-fast, grok-4.20-0309-reasoning · analyzed 2026-06-22.