Update on the Penfield Chick-fil-A
The effort to build a Chick-fil-A on Fairport Nine Mile Point Rd. is still ongoing, as is Preserve Penfield’s effort to prevent it. Since this past March, the fight has largely taken the form of successive legal filings, and we remain optimistic about this strategy. With the help of our community, we can put this issue to rest, but first, let’s recap what’s been happening.
The Story So Far…
You may recall that in December, Preserve Penfield pointed out the illegality of this development under the rules of an overlay district at the site. In response, Chick-fil-A filed for a Zoning Determination, a formal way of asking the Town to clarify zoning laws.
Chick-fil-A’s attorneys argued that the overlay district, which modifies the zoning rules that apply to affected properties, conflicted with the underlying zoning, and wanted the town to decide which rules apply. Naturally, they wanted the town to decide that the underlying zone’s rules (allowing takeout restaurants) applied, despite the fact that the only purpose of an overlay district is to override zoning rules to achieve some stated end. Regardless, within a couple weeks, the Town’s designated official granted Chick-fil-A exactly the interpretation they asked for based on the flawed premise that adding a big traffic magnet would improve safety, since said magnet would justify an extra traffic light.
An Appeal to Reason
On April 30, our attorney filed our formal appeal to the Zoning Determination. An appeal of this sort prompts the Town to bring the Determination before the Zoning Board of Appeals in a public hearing. The appeal letter details the reasons why we believe the Determination should be overturned:
There is no zoning conflict. The overlay district clearly takes precedence, and to act otherwise would completely nullify the overlay district.
Take-out Restaurants are not permitted in the overlay district. This is for good reason: the overlay was intended to provide a buffer between commercial and residential zones.
Even with added traffic signaling, the project would generate substantially more vehicle throughput in the area, and bring a similar uptick in air and noise pollution, which would be a net detraction to the safety and wellbeing of nearby residents and businesses.
A Response and a Hearing
On June 3, lawyers representing Chick-fil-A filed their response to our formal appeal. As of this writing, our attorney is preparing our response in kind. More critically, though, the Zoning Board of Appeals has scheduled the public hearing on this appeal:
Thursday, July 17, 2025: ZBA Agenda
At a minimum, Preserve Penfield will be represented by our attorney at this hearing, but there are still a couple ways you can help.
Get Involved!
Firstly, this being a public hearing, your voice matters! Members of the public are encouraged to share their input on the issues at hand either in person during the hearing or before hand via email at zoning@penfield.org. Some relevant talking points are:
The zoning determination completely nullifies the TFOD overlay district, a special town district meant to buffer residents from commercial development.
Even with an extra traffic light, drawing so much more traffic to the intersection of routes 441 and 250 is madness.
The parcel is far too small for a Chick-fil-A, as evidenced by the number of area variances requested for their project
A popular, multi-lane drive through will greatly degrade air quality at the adjacent public park.
The developer highlights the squalor of the current vacant property as a reason to look favorably on this redevelopment, but the ones obliged to maintain the property are the same ones who stand to profit handsomely from this project.
Finally, if all this talk of lawyers and filings sounds expensive, well… it is. One of the fastest and easiest ways for you to support this effort is to help cover our legal fees by donating to Preserve Penfield today.
