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Judge Reaches Decision on Inner Harbor Project

Eric Ortner
North Buffalo Rocket / West Side Times

From L to R: Tim Tielman president of the Preservation Coalition and the Coalition's Attorney Richard Berger stand in the basement of a structure which was located next to the original Erie Canal Commercial Slip. photo: Eric Ortner

On Friday March 31, District Judge William M. Skretny made his decision in the court case involving the historic Erie Canal Commercial Slip. The case has been pending in Court since October 1999. The Preservation Coalition of Erie County filed the suit against the Empire State Development Corporation and the Federal Transit Administration. The case involved the Preservation Coalition challenging the planning of the major public works project. The coalition believed that the Environmental Impact Study had not been properly conducted because it was filed four months before the archeological research conducted by Dr. Warren Barber had been completed. Barber unearthed the Commercial Slip, which is believed to be the terminus for the original Erie Canal in May, 1999.

The judge ruled against the Federal Transit Administration in favor of the Preservation Coalition. In court papers the Honorable William Skretny stated, “Defendants now must expeditiously prepare a draft Supplemental Environmental Impact Statement that will inform the public about the significant information that has come to light since the Final Environmental Impact Statement was completed – namely the Stage III archeology excavation, the discovery of the Commercial Slip wall, and the decision to bury the wall in order to preserve it." 

This was, however, only a partial victory for the Preservation Coalition. They had hoped to stop the current construction on the project completely until after the Supplemental Environmental Impact Study had been adopted. Judge Skretny was unwilling to make such a determination. The court explained, “Although there is some risk that (the) construction during the pendency of the SEIS will affect the viability of Preservation Coalition’s proposal for incorporating (the) commercial Slip wall into a functioning slip, that risk is outweighed by the risk of harm to (the) defendants’ interests, if construction is enjoined.” 

However, the Preservation Coalition has also earned a little bit more time with this court order. 

The gift of time gives the Preservation Coalition the opportunity to garner more public support for an issue which has received only limited media coverage.

The Mayor’s office is not very distressed over the court case. The Mayor’s spokesperson, Peter Cutler commented, “The judge said the project should move forward. So as far as the impact it will have on construction; nothing!”
However, the court’s decision does force the Masiello Administration to make good on its promise to create Blue Ribbon Panel. The panel is supposed to study the integration of the Commercial Slip into the Inner Harbor Project. “The Blue Ribbon Panel has not been formed because we were waiting to see the outcome of the lawsuit. So I expect that we’ll probably end up announcing the members of that panel probably in the next few weeks,” said Peter Cutler.

The Inner Harbor Task Force for Historical Interpretation has already formed. Mr. Cutler explained, “They are meeting regularly. They have had two meetings to date. They are going to continue to meet and discuss the ways in which to celebrate the history of the Erie Canal Terminus on the waterfront as well as other aspects of that specific area's historical legacy.” This group's next meeting will be on April 12 at the Inner Harbor site at 4:30 p.m.

Needless to say, the Preservation Coalition was quite pleased with the Court’s decision. Tim Tielman, president of the Preservation Coalition, threw together a press conference on March 31 at the excavation site. He said, “It’s going to give the public a say in how this is done, and whether the Commercial Slip can be restored as a working waterway.” He continued, “We’re standing in the most important historic site in Buffalo.”

Warren Barber’s advice to rebury the Commercial Slip was based on his consultation with Dr. Stuart Scott. Dr. Scott had conducted a similar excavation on a stone wharf at Fort Niagara in Lewiston. Dr. Scott informed Dr. Barbour that the Fort Niagara Wharf, “Disintegrated after enduring two winters of freezing and thawing.” Dr. Barber also consulted a geologist by the name of Dr. Charles V. Ebert. Dr. Ebert stated that the sedentary limestone saturated with water for over a hundred years would blast apart if left exposed. The Preservation Coalition, has of course, challenged these findings with their own experts. 

William M. Skretny has ordered the parties to appear in court on Tuesday, Apil 4 at 11 a.m. to detail the time frame of the Environmental Impact Study and the work on the portion of the Innerharbor Project involving the Replica Slip.

It should be interesting to see in the months to come what the final determination of the Supplemental Environmental Impact Statement is. Hopefully, the results will be a beautiful, accessible, Inner Harbor for everyone to enjoy. 

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