New business on its way to Endicott: Byrne Dairy clears hurdle as project moves forward – Pressconnects

Endicotts Zoning Board of Appeals granted Byrne Dairy an area variance of 22 feet, allowing the project to proceed on East Main Street

Maine-Endwell celebrates its Section 4 Class A baseball championship, June 10, 2021 at Union-Endicott.

Maine-Endwell celebrates its Section 4 Class A baseball championship, June 10, 2021 at Union-Endicott.

Kevin Stevens, Binghamton Press & Sun-Bulletin

ENDICOTT A new Byrne Dairy retail store and fueling facility in Endicott has cleared a major hurdle and is closeto becoming a reality at 301 East Main St. in the village.

Endicotts Zoning Board of Appeals granted Byrne Dairy an area variance to allow the project to move forward. Byrne Dairys request came before the Board of Appeals because the site violates village zoning codes, which preclude such construction within 150 feet of any lot or parcel occupied by a hospital, library, school or church.

The property lines of the Union Presbyterian Church across the street and the proposed Byrne Dairy would sit within 128 feet, requiring a 22-foot variance from the Board of Appeals. The fuel canopy would sit 278 feet from the church itself, said Byrne Dairy Vice President of Store Development Christian Brunelle.

Endicotts zoning specifically addresses gas stations, with guidelines on where they can be built in the village.

Ive built 55 of these stores over the years, and Ive seen this in there. Usually its in older zoning, said Brunelle. The reason this specific zoning law isthere is for congregation, the congregation of people. If you look at hospital, library, school, church, its where people used to congregate 30, 40 years ago."

The board voted unanimously to approve the 22-foot zoning variance. Byrne Dairy intends to raze the former Friendlys restaurant on the site and build anew, with plans for a 4,230 square foot building, four fuel pumps, a greenspace and 26 parking spaces. The site at the corner of East Main and South Loder Avenue would include vehicular and pedestrian access on both streets. A 6-foot high privacy fence is planned to shield off neighboring properties to the north and east. Brunelle said the company added another 10 feet to the privacy fence at the request of a neighbor to the east.

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Board of Appeals member Lena Bishop raised traffic concerns on East Main and Loder, wondering if traffic patterns will allow motorists to turn left onto Main Street from the site. Brunelle said Byrne Dairy is studying the issue in consultation with the state Department of Transportation, with a decision yet to be determined.

Thats a question thats come up and will continue to come up, said Board Chairman Doug Courtright.

Alberta Gazda was the lone community member to speak during the public hearing on the proposal. Gazda, who resides on West Main Street about a half-mile from the site, said she travels the area every day and believes the Byrne Dairy development would have a horrendous impact on local traffic patterns.

If approved, there will be four fueling stations within seven-tenths of a mile. There is no need or demand for a fourth fueling station within such close proximity, Gazda said. With the onset of electric vehicles, hybrid vehicles, I just dont see the fueling station remaining viable down the road.

Courtright said such concerns would be better addressed to the Planning Board, not the Zoning Board of Appeals. The site is currently zoned general commercial.

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The planning board based its position on five criteria. Itfound:

In addition to receiving approval from the Zoning and Planning Boards, in May Endicotts Board of Trustees approved amendments to the villages tobacco retail license law that stood in the way of the project.The law prohibited the issuance of new tobacco retail licenses to a business within 1,000 feet of the nearest property line of a school. The proposed Byrne Dairy would sit 286 feet from the southwest corner of the Jennie F. Snapp Middle School property line. The law also limited the total number of tobacco licenses that are issued in the village. The amendments put new guidelines in place governing tobacco licenses in the village.

Chris Potter can be reached at cpotter@gannett.com or on Twitter @ChrisPotter413.To get unlimited access to the latest news, please subscribe or activate your digital account today.

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New business on its way to Endicott: Byrne Dairy clears hurdle as project moves forward - Pressconnects