206 Derby Street ZBA Certified Decision �#.CONDIT
CITY OF SALEM
ZONING BOARD OF APPEALS
CITY HALL ANNEX 2ND FLOOR,98 WASHINGTON STREET,SALEM MA 019-110,
DOMINICK PANGALLO
MAYOR r
December 31, 2025
Decision ,
City of Salem Zoning Board of Appeals '
w
The petition of JON NGUYEN at 206 DERBY STREET (Map 35, Lot 0289) (112 Zoning District)for a
Variance per Section 5.1.8 Required Parking Spaces and a Special Permit per Section 3.3.2
Nonconforming Uses of the Salem Zoning Ordinance to convert a nonconforming real estate
office use to a nonconforming restaurant use with zero (0) parking spaces where eighteen (18)
parking spaces are required.
On December 17, 2025, the following members of the Salem Zoning Board of Appeals were
present: Hannah Osthoff(Acting Chair), Peter Habib, Christa McGaha, Stephen Larrick, and Ellen
Simpson. Nina Vyedin (Chair) was absent.
Statements of Fad:
1. In the petition date-stamped November 18, 2025, the petitioner requested a Special
permit per Section 3.3.2 Nonconforming Uses of the Salem Zoning Ordinance.
2. The original filing on November 18, 2025, was amended with the Applicant's consent to
include a Variance request per Section 5.1.8 Required Parking Spaces of the Salem Zoning
Ordinance.
3. Goldie Wilson, LLC owns 206 Derby Street. Jon Nguyen was the petitioner. Attorney
William F. Quinn was the representative, presenting on December 17, 2025.
4. 206 Derby Street is in the R2 Zoning District (Map 35, Lot 0289).
5. On December 17, 2025, William Quinn presented plans to convert a nonconforming real
estate office use to a nonconforming restaurant use.
6. The proposal requested a new Vietnamese restaurant with hours of operation in
compliance with the Salem Code of Ordinances.
7. The proposed restaurant would be 0.6 miles from the Salem Commuter Rail Station, less
than half a mile from the Salem Wharf Ferry Terminal,and a block and a half from multiple
Massachusetts Bay Transportation Authority(MBTA) bus stops.
8. The City received zero (0) public comments on the proposal before the December 17,
2025 public hearing. Zero (0) members of the public commented on the proposal at the
public hearing.
City of Salem Zoning Board of Appeals
December 31, 2025
Page 2 of 4 ,
The Salem Zoning Board of Appeals, after carefully considering the evidence presented at the
public hearings, and thoroughly reviewing the petition, application narrative, and plans, makes
the following findings that the proposed project meets the provisions of the City of Salem Zoning
Ordinance:
Variance Findings:
1. Special conditions and circumstances especially affect the land, building, or structure
involved,generally not affecting other lands,buildings,and structures in the same district.
The Applicant owns a structure, constructed around 1915,that takes up nearly all the lot.
2. Literal enforcement of the provisions of the Ordinance involves substantial hardship to
the Applicant in attempting to put the property to productive use. The Applicant would
be unable to put the property to productive use without the requested relief because
there would be no space to provide parking on the property. Demolition of the building
would result in substantial financial costs to the Applicant.
3. Desirable relief may be granted without substantial detriment to the public good, and
without nullifying or substantially derogating from the intent of the district or purpose of
the Ordinance. The Applicant proposes a use that increases the range of the City's
amenities. The proposal is consistent with the adequate provision of transportation
because adequate on-street and off-street parking exists around Pickering Wharf.
Special Permit Findings:
The Board finds that the change or extension of the use will not be substantially more detrimental
than the existing nonconforming use to the neighborhood.
1. Community needs are served by the proposal.The Applicant is requesting a use that adds
to the commercial base of the City and"the neighborhood.
2. The traffic flow and safety impacts are negligible. The proposal is located approximately
100 yards from the South Harbor parking garage and near on-street parking spaces along
Derby Street.
3. The proposal has minimal impacts on utilities and other public services.Adequate utilities
and other public services already service the structure.
4. The proposal has positive impacts on neighborhood character. The proposal requests a
use consistent with the neighboring commercial uses, strengthening the amenities
provided in Pickering Wharf.
S. The proposal has minimal impacts on the natural environment, including greenhouse gas
emissions and view.The proposal does not change the structure's footprint or height.
6. The proposal has a positive potential economic and fiscal impact, including impacts on
City services, tax base, and employment. The proposal will increase the property's tax
base by improving the building's interior and providing a positive impact on City
employment.
City of Salem Zoning Board of Appeals
December 31, 2025
Page 3 of 4
Based on the above statements of fact and findings, the Salem Zoning Board of Appeals voted
five(5)in favor, (Hannah Osthoff(Acting Chair), Peter Habib,Christa McGaha,Stephen Larrick,
and Ellen Simpson) and zero(0) opposed,to grant JON NGUYEN at 206 DERBY STREET (Map 35,
Lot 0289) (112 Zoning District) for a Variance per Section 5.1.8 Required Parking Spaces and a
Special Permit per Section 3.3.2 Nonconforming Uses of the Salem Zoning Ordinance to convert
a nonconforming real estate office use to a nonconforming restaurant use with zero (0) parking
spaces where eighteen (18) parking spaces are required.
Standard Conditions:
1. Petitioner shall comply with all city and state statutes,ordinances,codes and regulations.
2. All construction shall be done as per the plans and dimensions submitted to and approved
by the Building Commissioner.
3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be
strictly adhered to.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. Exterior finishes of the new construction shall be in harmony with the existing structure.
6. A Certificate of Occupancy is to be obtained.
7. A Certificate of Inspection is to be obtained.
8. Petitioner is to obtain approval from any city board or commission having jurisdiction
including, but not limited to,the Planning Board.
9. Petitioner shall obtain street numbering from the City of Salem Assessor's Office and shall
display said number so as to be visible from the street.
10. Unless this Decision expressly provides otherwise, any zoning relief granted does not
empower or authorize the Petitioner to demolish or reconstruct the structure(s) located
on the subject property to an extent of more than fifty percent (50%) of its floor area or
more than fifty percent (50%) of its replacement cost at the time of destruction. If the
structure is demolished by any means to an extent of more than fifty percent (50%)of its
replacement cost or more than fifty percent (50%) of its floor area at the time of
destruction, it shall not be reconstructed except in conformity with the provisions of the
Ordinance.
11. All construction shall be done per the plans and dimensions submitted to and approved
by this Board. Any modification to the plans and dimensions must be approved by the
Board of Appeals unless such changes are deemed a minor field change by the Building
Commissioner in consultation with the Chair of the Board of Appeals.
12. Petitioner shall schedule Assessing Department inspections of the property, at least
annually, prior to project completion and a final inspection upon project completion.
,,11alafi LJ� A ivo
Hannah Osthoff,Acting Chair
Zoning Board of Appeals
. City of Salem Zoning Board of Appeals
December 31, 2025
Page 4 of 4
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
Appeal from this decision, if any, shall be made pursuant to Section 17 of the Massachusetts
General Laws Chapter 40A, and shall be filed within 20 days of filing of this decision in the office
of the City Clerk. Pursuant to the Massachusetts General Laws Chapter 40A, Section 11, the
Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing
the certificate of the City Clerk has been filed with the Southern Essex Registry of Deeds.
Date JAN 2 0 2026
1 hereby certify th-at 20 days have
expired fro! it i ::.;.�:�� .,,;s instrument
was rec. �10 APPEAL
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has been, 0; ice.
A True Copy
ATTEST: CLERK, Salem, Mass.