New York Construction Report staff writer
The City of Buffalo has filed a lawsuit hoping to stop construction of a proposed 28-bay truck stop and fuel depot in the Old First Ward, citing concerns about environmental contamination, heavy truck traffic and the impact on waterfront redevelopment.
Mayor Sean Ryan announced Oct. 14 that the city had filed the lawsuit in New York State Supreme Court over the proposed development at 5 Miami St., on a 3.8-acre site about two blocks from the Buffalo River.
The city is seeking a court order requiring the defendants to comply with municipal requirements and halt construction until the necessary permit applications and reviews are completed. According to the city’s court filing, the project would require several approvals, including a building permit, traffic study, special-use permit, use variance and environmental review.
“This project would have a major impact on the surrounding neighborhood, the Buffalo River, and the public investments we have made in this part of Buffalo,” Mayor Sean Ryan said. “We have a responsibility to protect those investments and the people who live, work, and spend time here.
“It is incumbent on us to make sure that any entity developing a project in Buffalo understands the impact it will have on the surrounding community and does its part to be a good neighbor.”
The complaint alleges recent site preparation has disturbed potentially contaminated soil and released soil and other materials onto adjacent properties and into the Buffalo River. The site is in an area that has undergone decades of environmental remediation.
“We have a responsibility to protect those investments and the people who live, work, and spend time here,” Ryan said in a statement. He added that developers must understand the impact their projects will have on surrounding communities.
The proposed truck stop is surrounded by parks, restaurants, event venues, businesses and city infrastructure. The city argues the development would increase heavy commercial vehicle traffic, affect nearby businesses and place additional demands on police, fire, water, sewer and public works services.
Also, the complaint also alleges the project could threaten environmental remediation completed over decades at a cost of millions of dollars.
The dispute comes as the Ohio Street corridor and Buffalo River waterfront have undergone redevelopment, including public infrastructure spending and private investment.
An $11.3-million reconstruction project funded by the city and state transformed Ohio Street from a four-lane commercial roadway into a two-lane waterfront corridor with pedestrian and cycling infrastructure, landscaping and other public amenities.
Across the street from the proposed truck stop, the former industrial Cooperage complex was remediated and redeveloped into a mixed-use destination featuring Resurgence Brewing Company, Hartman’s Distilling, Central Rock Gym and residential apartments.
Rick Smith, owner of Silo City, another former industrial property undergoing redevelopment, said the proposed truck stop would conflict with the transformation of the waterfront.
The site is within Buffalo’s Local Waterfront Revitalization Area, where development is subject to review for consistency with the city’s Local Waterfront Revitalization Program and its waterfront protection requirements.
“Buffalo has spent years transforming this area of the City from an abandoned industrial corridor to a place where Buffalonians can live, work, and have fun,” said Nancy Ware, Managing Partner of the Cooperage. “This progress is the result of a great deal of public and private investment with the vision of what it could be. The vision does not, and will never, include a 28-bay truck stop/gas station.
“It is just the wrong location for this project. If the project moves forward as is, it will be the death of future investment on Ohio Street and the surrounding neighborhood, and a hundred steps backward for the city.”
