Portsmouth Town Council Votes 4-3 to Change Zoning for Prudence Island Variety Store

Marcy's Store is expanding.

The owner of the Prudence Island Variety Store, known locally as "Marcy's Store," came before the Portsmouth Town Council Monday evening to request a zoning ordinance change. The store, located on Lot 113 on Prudence Island, needs a zoning change from "residential" to "commercial."

The council voted 4-3 to change the zoning ordinance, but not before a lengthy discussion about where the store was located.

Attorney Vernon Gorton spoke on behalf of Lori Cubellis, the owner of “Marcy’s Store,” which serves as general store, post office, gas station and diesel fuel pumping station for the island.

“There’s a lot of stuff going on here," Gorton started. "Ms. Cubellis has found the need to expand. The only way for her to expand is to change the zoning from residential to commercial."

The additional storage space is necessary, according to Gorton, because  the store simply has run out of space.

Councilor Judi Staven questioned if the council could change the commercial zoning of Pier Road, a town road. She said it seemed the store, according to the map, was located in the middle of town property. Gorton said the “tax assessor’s map” was wrong.

“Something is definitely off as I can see,” Staven said. “I don’t understand how a store can block off a road. I’m not willing to vote on this tonight. It looks to me like we have a store right smack down in the middle of town property.”

Staven motioned to return the request to the Planning Board.

“I think she’s in the middle of a road,” she said.

“Lot 113, wherever it ends up, can be commercial,” Councilor Keith Hamilton said, who motioned to approve the zoning request.

“I’d sure like to hear from the people of Prudence Island on this,” James Seveney said.

Erica Medley, who owns the abutting property at Lot 112, asked the council to return the item to the Planning Board. 

“The parking indicated in her plans is on our property," she said. "I’d like it to go back to Planning. We’ve never had a chance to see it. We were never notified...I would not want the store to use our property for parking.”

The town clerk said a notice was sent via registered mail to Medley's box at the Prudence Island post office, which is located inside the very store in question. 

“A notice was given by registered mail,” said Town Clerk Kathleen Viera Beaudoin. “It was never received, picked up at the post office and returned to us.”

According to Town Solicitor D.A. D'Andrea, Medley's attendance at the meeting Monday was legal notification she knew about the proposal.

Staven then motioned to send the zoning request back to the Planning Board. The motion failed 4-3 with Staven, Elizabeth Pedro and Paul Kesson in favor.

Keith Hamilton motioned to approve the zoning change to commercial. The motion passed 4-3 with Staven, Pedro and Kesson against.