BUFFALO, N.Y. The City of Buffalo is demanding that the Seneca Nation of Indians and Seneca Gaming Corporation immediately stop construction on a proposed fuel depot in the Old First Ward, escalating a dispute over the project’s location, jurisdiction and impact on the waterfront neighborhood.
Mayor Sean Ryan announced Monday, Sept. 28, that the city sent a formal demand to the Seneca Nation and required written confirmation that work had stopped by 10 a.m. Wednesday, Sept. 30. The city said it will pursue legal action if the Nation does not comply.
The proposed development is planned for 5 Miami Street, along Ohio Street near Tewksbury Lodge, Resurgence Brewing Company and Hartman’s Distilling. According to the city, construction crews had fenced off the site and begun preparing the property for a 28-bay gas and diesel-fuel depot. Buffalo officials said the city did not approve the project.
City challenges project’s legal status
The city’s objection is not limited to the project’s design or neighborhood impact. In a letter to Seneca Nation President J.C. Seneca, Buffalo Corporation Counsel Rosa Alina Pizzi challenged the Nation’s position that the property falls outside the city’s jurisdiction because it is, or could become, restricted-fee land.
The letter argues that the property does not meet the requirements for that status because it was not purchased with funds appropriated under the Seneca Nation Settlement Act. City officials also pointed to a 2006 agreement between Buffalo and the Seneca Nation, saying the agreement included a representation that the Nation would not acquire additional land in Buffalo under the Settlement Act for gaming operations.
Those claims are now part of a broader legal dispute over the city’s authority and the Seneca Nation’s sovereignty. The city’s demand does not itself resolve those questions.
Officials cite waterfront redevelopment
Ryan said the fuel depot is inconsistent with the direction of the Old First Ward and Ohio Street waterfront corridor, which has received significant public and private investment in recent years.
The city said an $11.3 million public reconstruction project converted Ohio Street from a four-lane commercial and industrial roadway into a two-lane waterfront corridor with a separated bicycle and pedestrian path, landscaping and other public amenities. The project was intended in part to support residential, commercial and recreational development.
“This is not a good fit for this neighborhood, and it runs counter to the vision we have been building for this corridor for more than a decade,” Ryan said in the city’s announcement.
Fillmore District Council Member Mitch Nowakowski also criticized the project’s fit with the neighborhood while acknowledging the Seneca Nation’s sovereignty. He said residents and stakeholders should have a say in the future of the area.
“A 28-bay fuel depot is simply inconsistent with the surrounding neighborhood and the direction this corridor has taken,” Nowakowski said.
Residents raise traffic and planning concerns
Residents and nearby business owners have previously raised concerns about truck traffic, pedestrian safety and the effect of a large fuel station on a waterfront district that has become more walkable and recreation-oriented.
Residents told WKBW that they were not questioning the Nation’s right to develop its property but wanted more information about the project and how it would fit with nearby businesses, housing and public spaces. The city has said it was not aware of the plans before construction began.
The Seneca Nation has said the project will create additional economic activity and help ease congestion at the existing Seneca One Stop on Michigan Avenue. The Nation also said the development was expected to be completed in the coming months.
As of Tuesday, Sept. 29, it was not clear whether construction had stopped or whether the Seneca Nation had responded to the city’s demand. The city’s deadline for written confirmation is Wednesday morning.
The dispute comes as the Old First Ward continues to attract new housing, restaurants, breweries, recreational amenities and other development. Nearby work on the former DL&W Terminal is also part of a larger effort to connect the waterfront with Canalside, downtown and surrounding neighborhoods through public spaces, transit and pedestrian infrastructure.
