BY JEFF CHUDZINKSI

North Country This Week

MASSENA -- A tract of land long in dispute between the village of Massena and St. Regis Mohawk Tribe is the focal point once again, as a cigarette shop has opened on Willow St. 

The land, known as the Massena Mile Square, encompasses a large portion of the village. 

Its boundaries include Water St. on its western boundary, crossing the Grasse River and incorporating a large portion of the village to its north. Alcoa Bridge is a part of the eastern boundary, with State Hwy. 37 being near the southern portion. 

Though a Memorandum of Understanding was struck in 2014 between the tribe, St. Lawrence County New York State and New York Power Authority, no further progress has been made in resolving the matter. 

Encompassed in the area are a number of private businesses, new-car dealerships, financial institutions, restaurants, real estate companies and a significant number of private residences. 

What could happen to these businesses if the land is annexed by the tribe remains unknown, though the ramifications of such a decision by the courts could have a significant financial impact on the village.

Attempts to Resolve

Village officials confirmed there have been discussions surrounding the matter and they have attempted to contact the governor’s office regarding it. 

“We have reached out to the state for assistance with the matter. We are hopeful for the village that New York State can come forward and will take a leading role in alleviating this conflict,” Massena Mayor Tim Ahlfeld said. 

A letter signed by representatives from St. Lawrence County, Franklin County and the tribe was submitted to Governor Hochul’s office two weeks ago. No action has been taken, nor any contact has been made by the state as of press time, according to tribal, village and county officials. 

Taxation

One of the largest points of contention in the matter is the establishment of businesses in the area that claim they are tax exempt and potential lost tax revenue for the village. 

The issue of taxation and collection falls to the state, officials say.

“That is a matter for the department of taxation with New York State. We just want a level playing field more than anything,” Ahlfeld said. 

A new smoke shop, specializing in the sale of cigarettes, has opened on Willow St. and brought the issue to a head. 

The shop has advertised tax-free cigarettes and received licensing from the tribe, according to officials. 

Officials remain worried of the effect a tax free zone could have on local, established businesses that offer similar services and products, but are required to charge state taxes.

Code Enforcement

Village officials also see code enforcement as another potential hurdle. 

Though the new smoke shop opened recently, the business owner never sought approval from Massena’s planning board, nor did they receive a letter of occupancy from the code enforcement office, officials say.

“Technically, in the area in question, this sort of retail business is allowed. However, there is a proper procedure that must be followed, applications must be submitted, approval sought and an inspection by code enforcement to obtain a certificate of occupancy,” according to James Caruso, code enforcement secretary. 

All businesses located in the village of Massena are subject to planning board approval and an inspection from code enforcement prior to opening. 

Code enforcement officials did confirm they were able to reach the business owner, who agreed to submit an application to the planning board and submit to an inspection with code enforcement. 

They plan to have a sit down meeting this week to discuss the process to ensure compliance. 

“We treat all businesses that are allowed to operate in that zone exactly the same. A cigarette shop is no different than a restaurant to us but a restaurant is subject to a Department of Health approval, just as a cigarette shop is still subject to approval from New York as well,” he said. 

License Issuance

Tribal officials confirmed they did issue the license for the business in question, with a second license currently pending for a second cigarette shop in the square mile. 

Though they are operating in the area and issuing licenses, tribal officials also hope to meet with state officials in an effort to resolve the dispute. 

“We hope the governor’s office can offer assistance in resolving the matter so we can all move forward,” said Brendan White, St. Regis Mohawk Tribe spokesman. 

No licenses for marijuana dispensaries have been issued, despite many pondering if and when one may be established in the area. 

County and village officials are monitoring the situation closely as they await word from the state, officials say.

Previous Rulings

County officials see things in black and white, saying the point is moot. 

“The land in question has been and remains a part of the village of Massena and as such is subject to all federal, state, county and local laws, as well as sales tax and property land tax” said St. Lawrence County attorney, Stephen Button. 

A 2014 denial in federal court that upheld a ruling from 1989, which also denied the land claim from the tribe, serves as the benchmark, according to Button.

Tribal officials continue to cite a treaty signed in 1796 as the basis of their argument, however additional treaties and rulings have established the current boundaries for the reservation, Button said. 

“The original treaty signed in 1796 established the reservation boundaries as the banks of the Grasse River to the St. Regis River, including all fields, pastures and woodlands. However, the Buffalo Creek II treaty, signed in 1838, established new reservation lands and boundaries, which is what we have come to know as the reservation today,” Button said. 

Annexation

Under the 1796 treaty, additional parcels were identified in recent years for annexation, under certain circumstances, allowing the reservation to bring the land into trust. 

These areas were identified as areas A, B, C and D, encompassing large sections of acreage in Brasher Falls and Massena.

Eligible parcels would have to be purchased from willing sellers before they could be officially annexed to the reservation. 

Tribal officials claim the square mile was included in Area C and Area D, but that is not the case, according to Button. 

“No, that is not the case. Area C and D were very clearly defined and the square mile was not identified as part of either,” he said. 

To date, the St. Regis Mohawk tribe has annexed 890 acres in the previous 11 years, including the purchase of 240 acres of the former Horst Wuersching Property in 2018.  

Next Steps

As officials from the tribe, village and county await guidance from the state, the status quo will remain.

Officials hope to have resolution soon, with the state hopefully clarifying if the tract of land can be annexed by the tribe or not.

Until then, tribal officials say they will continue to issue licenses, while village officials say they will continue to follow all relevant local laws to ensure compliance and safety.