BUFFALO, NY - A developer hopes to get started this summer on a 23-story apartment tower project on Buffalo's Outer Harbor, but opponents say the property is not zoned properly.

Attorney and concerned resident Arthur Giacalone wrote a letter to Buffalo Common Council arguing that the property is currently zoned for industrial use and must be rezoned for commercial-residential for the project to proceed.

The letter also points out the property is in the Buffalo Coastal Special Review District, and the Common Council would determine the final height of the building.

Also, environmentalist have expressed concerns about the tower being in a migratory bird pathway.

“We're trying to make a positive impact without public money and we're trying to step forward and do something good for the Buffalo waterfront,” developer Gerry Buchheit said.

Buchheit says the property has been zoned properly since 2009. He says the project has received more positive feedback than negative. Interested tenants are already wanting to get on a list for units.

The project will go before the planning board again in a few weeks.