Citizens group files motion
to stop Star of the West tower project

As a way to ensure that proper procedures are being followed, a small citizens group has filed an Article 78 to stop the construction of eight, 110-foot grain silos, topped with 37.5 foot grain elevators at Star of the West Milling in the village of Churchville.

"We held off as long as we could," resident Larry Powell said. "We just want to reverse the decision made by the zoning board of appeals on the tower construction," he said. "We asked for a stay so the village planning board can look into the matter."

Powell said the laws are pretty clear on the procedures for applying for variances for building projects such as this one. "The plans are supposed to go before the board, be rejected then go to the board of appeals," he explained. "The height variances should have prompted the rejection, then after that, the project would go to the board of appeals."

According to Powell, there was no application submitted to the code enforcement officer or the planning board. He also said a State Environmental Quality Review (SEQR) negative declaration was issued on unsubstantiated information. "This thing just needs to be started over and done the right way."

Powell and the others who submitted the Article 78 feel the variance was granted outside of the law. "We want the variance rescinded and want the process done the right way … the way it’s supposed to go."

Prior public hearings drew crowds of residents who appeared to be balanced in support of, and against, the proposal by Star of the West Milling Company to construct the silos.

While the construction would not create new jobs at the mill, the project would offer additional storage capacity that is necessary to allow the mill to stay open and preserve the current jobs. The additional silos would also set the stage for future expansion. The mill hopes to double its projection in the next 10-15 years – which would create new jobs.

The mill is located on industrially zoned land with a height restriction of 50 feet, which means owners must receive a variance from the zoning board of appeals before they can proceed with construction.

Support for the mill centers around the idea that it is the oldest business in the area and one of the few remaining economically viable industries the village has. Farmers said having a successful mill is an important thing for their businesses. At a recent public hearing farmer Rob Colby said a mill is important to the agricultural community. "Small to mid-sized farmers are the first to go if a local mill closes."

Concerns have been voiced over the fire safety, noise and visual impact the towers would have on the village and what effect the tower construction would have on the property values.

Whether or not the project is a beneficial one for Churchville, Powell couldn’t say. "This isn’t about whether this project is good or bad," he said. "We’re concerned that the board of appeals acted outside of the village code."

The case will be heard in court May 23.