Nothing has come easy for the town of Dunkirk regarding its water system needs. Pertaining to one project in particular, many residents have stood in the way of the town’s ability to make improvements to the district’s water system.

The town is planning to address the Shorewood Water District by implementing a new water line, among many other updates to water systems in the town. However, because of how narrow the roads are in many parts of the town, easements are necessary for the work to proceed.

Securing those easements has been anything but easy for the Town.

Of the 89 required easements pertaining to the Shorewood Water Project, only 18 have been returned. A similar project in Pomfret has only one outstanding easement.

The Town has held two meetings with an engineer present to answer any questions the residents had regarding the project. A notary was present at each meeting to assist with the signing process. Still, only 18 of the 89 easements were turned over.

If the town is unable to secure the necessary easements for the project to proceed, the Town reserves the right to pursue legal proceedings through eminent domain – a government process that converts private property to public use. The process is arduous, with costs incurred by the Town and potentially the residents who seek to defend themselves in the legal process.

“There are some consequences for them not being signed, and they’re costly,” Town Supervisor Priscilla Penfold said. “… The expense to the District could be great.”

Any costs incurred by the Shorewood Water District in the process – whether it be legal costs or other costs pertaining to the project – would be applied to all members of the District, not just those who did not submit their easement.

“It’s not a Town problem, it’s a District problem,” town attorney Jeff Passafaro said.

Town Board member Phil Leone, an attorney, referred to the eminent domain process as a “last resort.”

However, the pressure is mounting against the Town, as deadlines are approaching for the project to begin and for grant funding to be available for such a project.

“We all know that the existing waterlines need to be replaced, and the only way to legally allow the waterline to be installed is through obtaining these easements,” Leone stated.

The Town still remains hopeful that residents sign the easements and submit them to the Town Clerk’s office as soon as possible. Easements need to be obtained and recorded at the County Clerk’s office, grant funding must be secured, and the project must go out for bid before any construction can begin.

Municipal Solutions has submitted an application for grant funding to be used to fund the Shorewood Water Project. The Town is also seeking grant funding for the East Lake Road Water and Sewer District project, which would address a district that finished its initial construction in 1982.

“We need to have these easements returned, and the delay is not helpful to the District, nor the project, nor the finances of the District,” Passafaro said.

Additionally, at the recent North County Water meeting, the Town of Dunkirk learned it is responsible for paying back the cost for installation of a water line in the district. The Town is expected to pay back $1.5 million by the end of 2025. “We’re going to have to budget for that or figure out how we’re going to pay for this,” said Town Board member Jean Crane.