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206 Derby Street ZBA Stamped Decision *'cotuntTf. �,� CITY OF SALEM ZONING BOARD OF APPEALS CITY HALL ANNEX 2ND FLOOR,98 WASHINGTON STREET,SALEM Mrs 0191$ DOMINICK PANGALLO MAYOR �_r+ December 31, 2025 Decision . City of Salem Zoning Board of Appeals cn w The petition of JON NGUYEN at 206 DERBY STREET (Map 35, Lot 0289) (R2 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 Fact: 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. 5. 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. ,#alLnaA LJ�1,6)° 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.