Senecas plan One Stop gas station, convenience store in downtown Buffalo

The Seneca Nation of Indians confirmed Wednesday it is building a Seneca One Stop gas station and convenience store at the corner of Michigan Avenue and Perry Street, across from its Seneca Buffalo Creek Casino.

That is property that the tribe already owns as part of its Buffalo Creek Territory, and is already recognized as sovereign land under the Seneca Settlement Act of 1990.

The store, under construction by Seneca Management Construction Corp., will sell gas and tobacco products, as well as food and beverage products, tax-free.

Gas is currently selling at $1.99 a gallon at the One-Stop in Irving, according to GasBuddy, while it ranges from $2.09 to $2.49 at various stations in and around Buffalo, according to Gaspricewatch.com.

The Seneca Nation said it expects to create 14 jobs when the facility opens in early 2021.

“Expanding of our revenue-generating opportunities on our territories is our responsibility to the Seneca people and our future generations,” said newly inaugurated Seneca Nation President Matthew Pagels.

“Like every government and organization, we have felt the economic pressures brought on by the global pandemic," he said in a statement. "We need to move forward with the strategic growth opportunities that can help us expand our economy, while also providing additional investment on our territories, services to our customers and neighbors, and employment opportunities at our establishments.”

James Calvin, president of the New York Association of Convenience Stores, called the Senecas' plan to open the gas station "a poke in the eye to struggling non-Indian retailers who collect state and local taxes, comply with state and local regulations, and provide jobs."

"They seek to monopolize the local gasoline and tobacco market with prices that are dramatically but artificially lower because they exclude applicable state taxes, even though New York state law requires those taxes to be collected on sales to non-Indian customers," he added.

Calvin raised similar complaints five years ago when the Nation was preparing to open a location in downtown Niagara Falls, on Seneca Niagara territory at the corner of Niagara Street and John Daly Boulevard. 

"It created tremendous hardships for convenience stores that sell gas and/or cigarettes in and around Niagara Falls," he said. "The price differences are insurmountable, and the price differences are entirely attributable to the lack of tax collection."

Construction and expansion projects regularly come before the Common Council for things such as special use permits, zoning map amendments and certain licenses, where applicable.

Nothing has come before the Council on this project, Council President Darius G. Pridgen said.

“I don’t think it’s government’s job to control capitalism, but it’s the government’s job to (uphold) policies and procedures related to the laws that have been established,” he said. “Many of the policies concerning the Native American community date back many years federally, and when it comes to competition the Common Council cannot undo those laws.”

Council Member Mitchell P. Nowakowski represents the Fillmore district where the property is located. He said the scope of the project is up to the Nation.

“The development of this convenience store and gas station is located directly adjacent from the casino, on their land, which is within their purview to develop,” Nowakowski said.

The former Graybar Electric Co. site at 180 Perry St. had previously been occupied by a storage building, which the Senecas had purchased in June 2007 for $1.4 million. The tribe had used the one-story red-brick building – which had been constructed in 1940 on 1.08 acres – as a warehouse and training facility , but tore it down in April .

At one point three years ago, the Senecas were discussing a partnership with Ellicott Development Co. for a large, multistory, mixed-use project on land owned by both. The proposed mixed-use project could have included a combination of office, residential and entertainment space – and possibly a hotel – to complement the casino and restaurant on the other side of Perry.

But the Senecas had 18 months to pursue a project, under an agreement with Ellicott and the city. When that didn't materialize, Ellicott last year bought out the Nation's shared interest in the vacant properties at 186, 190 and 194 Perry for $340,968, leaving the Senecas on their own.

For the land where the gas station and convenience store will be built, the Senecas applied to the Department of the Interior, in accordance with the Seneca Nation Settlement Act. The Secretary of the Interior officially recognized the site as Seneca land, and it was recorded with the Bureau of Indian Affairs earlier this year.

News staff reporters Deidre Williams and Matt Glynn contributed to this report.