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Tim Horton's is moving forward with plans for a new location in Batavia and the company cleared another regulatory hurdle Monday night.

The Town of Batavia Zoning Board approved a set-back variance for the restaurant building, allowing the structure to be located about 15 feet from the property line.

The current, vacant building at Lewiston Road near West Main Street Road is 10 feet from the property line. The local zoning law requires a 30 foot set back unless a variance is granted. The zoning board approved the variance unanimously.

Concerns remain over how the new location would affect traffic at an already busy intersection. A couple of area residents spoke out against the proposed location saying additional traffic will make the intersection dangerous.

A DOT traffic study for the proposed site has already been ordered and the town's planning board will take up that issue at a public hearing Dec. 5.

If the project is approved, construction would start in March or April.

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