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Board approves change-of-use: medical office to general office at 171 Kinsley Street
Summary
The Zoning Board unanimously approved a use variance to convert 171 Kinsley Street from a medical doctor's office to a general office to house a family plumbing and HVAC dispatch/office headquarters; neighbors raised traffic concerns but the board found proposed use would likely generate less traffic than a medical office.
The Zoning Board of Adjustment on May 13 approved a use variance allowing the conversion of 171 Kinsley Street from a medical doctor's office to a general office for a family plumbing, heating and cooling business (Tanware LLC / applicant Ralph DeBacco). The property is in the RA zone in Ward 6.
Applicant Ralph DeBacco told the board he plans to use the building for reception, call-taking, dispatch and employee training; “We plan to use the building for general office functions including reception, call taking, dispatching, and employee training,” DeBacco stated in prepared remarks. He said there will be light indoor storage of hand tools but no retail traffic and that most field work will occur at customers’ homes.
A nearby resident, David Baturia of 25 Marcus Street, raised concerns about traffic at the adjacent intersection near the hospital driveway and asked whether business vehicles would increase congestion at a corner he described as “one of the dangerous intersections in Nashua.” DeBacco and his testimony clarified most technicians take trucks home and the office typically will have one or two staff on site; DeBacco said the business expects two people typically in the building during the day and that occasional deliveries are possible.
Board members questioned the applicant about vehicle storage and daily in-and-out traffic. Vice Chair Josh Neely noted the application lists six total employees but one employee per shift at the office; DeBacco confirmed the office will generally host two people (himself and his daughter) with the field crew on the road. Member Robert Shaw and others concluded the proposed general office would generate equal or less daily traffic than a medical office with regularly scheduled patient visits.
After deliberation the board found the use variance criteria satisfied — that the change would not be contrary to the public interest, would observe the spirit of the ordinance, and would provide substantial justice — and unanimously approved the use variance. The board again reminded the applicant of the 30-day appeal period.
Discussion (record): testimony from applicant, supportive testimony from Jillian Gracieli, voiced opposition/concerns from resident David Baturia about driveway proximity and intersection safety.
Decision: use variance approved unanimously; 30-day appeal period applies.
