Since March of this year, the issue of Byrne Dairy building a new location at the former Pizza Hut property in Southport has been before the Town of Southport Planning Board and Board of Appeals.
Byrne Dairy wants to operate as a 24/7 convenience store and gas station at this Southport location. There has been a large and significant number of comments of concern from the neighboring public to the town planning board at their May meeting voicing opposition to any 24/7 business at this location.
Having lived on Pennsylvania Avenue near the Bulkhead area for over 32 years, I always assumed that another business of some sort would desire to locate at that property since it is in a commercial-residential zone.
However, as I have stated several times to the Southport town planning board, board of appeals, and town board, there has never been a 24/7 business there. In my view as well as that of many other neighboring residents, that is a change likely to have numerous negative consequences.
One area resident recently made a Freedom of Information request to the City of Elmira for the Elmira Police Department’s report of incidents occurring at the 24/7 Bryne Dairy currently operating at 528 Pennsylvania Avenue in the city of Elmira. The results are rather alarming.
From Oct. 23, 2022 to May 20, 2024, Elmira Police responded to 713 total incidents at that Byrne Dairy in Elmira. The incidents ranged from disturbances, robbery/larceny/burglary to assaults, menacing, mental health issues, disputes, and welfare checks. They included targeted patrol and direct foot patrol.
The majority of incidents (423) occurred between 10 p.m. and 5 a.m. It is not hard to understand why we are opposed to a 24/7 operation in Southport.
As one town board member said to me recently, “I am in favor of regulating the hours of operation. We do not have a 24-hour police force. We do not have a paid fire department with 24-hour operations. The Byrne Dairy location is less than 200 feet from residential homes. The traffic light at the intersection is set up for caution only after hours.”
It is also important to note that current Southport Town Code clearly states: “No 24-hour business shall operate within 250 feet of a residential boundary.” That alone should be sufficient reason to deny Byrne Dairy their request to operate 24/7.
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The Southport Town Board DOES have the authority to regulate the operating hours of businesses in the town as per New York State Law. The town board is responsible for the health, welfare, and safety of the residents in the town. Therefore, they must act to limit the operating hours of the proposed Byrne Dairy.
The next meeting of the Southport Town Board is on Tuesday, July 9 at 6 p.m.
I urge residents to attend this meeting to make your voice heard, and emphasize to the town board to act.
-- Andrew Patros is a Southport resident.
This article originally appeared on Elmira Star-Gazette: Guest Viewpoint: New Byrne Dairy proposed in Southport should not operate 24-7
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