Portsmouth zoners approve O’Reilly Auto Parts in 4-1 vote

Nine conditions imposed on developer

By Jim McGaw
Posted 8/17/17

PORTSMOUTH — It looks like an O’Reilly Auto Parts store is coming to Portsmouth.

The Zoning Board of Review voted 4-1 Thursday night to approve developer Gary Eucalitto’s …

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Portsmouth zoners approve O’Reilly Auto Parts in 4-1 vote

Nine conditions imposed on developer

Posted

PORTSMOUTH — It looks like an O’Reilly Auto Parts store is coming to Portsmouth.

The Zoning Board of Review voted 4-1 Thursday night to approve developer Gary Eucalitto’s plan for a 7,250-square-foot store just north of the Dollar General at the corner of East Main Road and Sprague Street. Mr. Eucalitto also developed the Dollar General project.

In approving the application, the board imposed nine conditions concerning landscaping, signage, lighting and more. (See related story.)

The decision ended an often-contentious public hearing that first began in May, during which abutters called the proposed building “ugly” and a poor fit for Portsmouth, while raising concerns about the national chain’s environmental record.

Most board members, however, said the applicant met the criteria for what he was seeking: an amendment to a 2015 special-use permit the zoning board had granted to build the Dollar General Store and a 6,000-square-foot building that was originally intended for a bank and restaurant on 2.9 acres of land.

Mr. Eucalitto petitioned for a modification to increase the size of that building by 1,250 square feet but use it for the O’Reilly store only. The Missouri-based chain, founded in 1957, has nearly 5,000 locations nationwide. It’s nearest shops are in Fall River, Warwick, Coventry and Providence. 

Only two abutters, both of whom had previously testified, took to the podium before the public hearing was closed Thursday.

Peggy Mercer, who lives directly across from Dollar General at 3217 East Main Road, accused Mr. Eucalitto of reneging on his promise — made at the July meeting — to make sure delivery trucks weren’t using the customer parking lot at Dollar General. She said they posed a safety issue and could lead to bigger problems with an O’Reilly store next door.

Mr. Eucalitto said the local and regional managers have been notified of the problem, but it’s possible that a few drivers haven’t gotten the message yet. He agreed that the town’s zoning officer could cite him if the problem is not rectified within 30 days.

Environmental concerns

Ms. Mercer and another resident, Elizabeth Dees, also reiterated concerns over O’Reilly’s environmental track record. In December 2016, a California superior court judge ordered the chain to pay a nearly $10 million settlement after it was accused of improperly disposing of used oil and other hazardous waste throughout the state.

Ms. Mercer pleaded with the board to delay its decision until it can learn whether O’Reilly has been compliant since that case. “This goes to lack of oversight and management,” Ms. Mercer said. “I’m concerned about how they handle other issues in the community.”

Added Ms. Dees, “If they continue some of the things that were done in California and their home state of Missouri, I would question whether Portsmouth wants to deal with a business that doesn’t dispose of oil, rubber and flammable things in a safe way.”

Board member Jim Nott, however, said there was no evidence that O’Reilly has been doing anything improper in this region. “People run businesses differently in different states,” he said.

Board member John Borden agreed. “Even though there were violations in other states and areas, we can’t punish everybody for violations that may happen in the future,” Mr. Borden said, adding that local zoning officials will cite the business if any serious infractions take place.

He also noted the petitioners submitted on Thursday a lengthy and detailed report on how the business disposes of hazardous waste.

While some abutters questioned why the developer should be allowed to increase the size of the building, Mr. Borden said the plan still meets the lot coverage constraints under the zoning ordinance. “They are actually reducing the lot coverage,” he said, adding that the number of parking spaces was also cut back from the original plan — from 43 to 28.

Board member Benjamin Furriel addressed criticism over the building’s appearance. “It’s not the best-looking building in the area, but it’s certainly not the worst-looking building,” he said, adding that it seems to fit in with the general landscape.

One dissenter

Mr. Nott was the only board member to vote against the application.

He said the petition wasn’t for a special-use permit, but for a modification to a previously approved special-use permit that included the Dollar General store.

That store, however, has failed to adhere to several conditions that were part of the approved permit, such as externally illuminated signage and gooseneck lighting, he said.

“At no point in time between two years ago and now did anything come before this board to modify those conditions,” Mr. Nott said. “How about conform to what the board originally said?”

O'Reilly Auto Parts, Dollar General, Portsmouth Zoning Board of Review

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