The Town is determined to follow through on its proposed improvements to the Shorewood Water District, which is in dire need of upgrades to the existing water system. However, three residences currently stand in the way of the project moving forward.

The District covers portions of Woodlands Drive, Edgewood Drive, Shorewood Drive East, Shorewood Drive West, Farmlane Road, Linwood Drive, Lakewood Drive, Morewood Drive, and Wilbur Road. The project would serve 173 residential properties and 16 commercial properties. Legal costs incurred by the Town throughout Eminent Domain proceedings will be spread across all residents within the District.

On March 15, 2022, the Town of Dunkirk held a public hearing with an engineer present to discuss the necessary improvements to the District. Following that hearing, the Town Board elected to move forward with the project. A contract was then prepared. The Town Board set the project cost at an amount not to exceed $2,295,000.

More than three years later, even after Town secured more than $1.3 million in grant funding through the New York State Environmental Facilities Corporation, the project has yet to break ground. The reason why comes down to easements. Because of how narrow the roads are within the district, permanent easements are necessary for the work to proceed.

Pictured is Shorewood Drive West, home to two of the three residences that refuse to sign an easement to allow the Shorewood Water District capital improvement project to proceed.

Securing easements from residents of the Town has not been easy. Some were unsure of what was being asked of them, while others needed to be convinced to sign. The Town has held multiple public information sessions and had letters mailed out to residents of the District. Town Board members went door-to-door on multiple occasions to try to ease their residents’ minds and convince them to sign the necessary easements.

Only three would not budge — one property located on Lakewood Drive and two properties located on Shorewood Drive West. The properties were described as “an integral part of the project.” With no other option available to the Town in order to have the project proceed, the Town has begun Eminent Domain proceedings.

Eminent Domain enables the government to take possession of private property for public use in exchange for “just compensation.” The process can be lengthy and costly, but with what the Town of Dunkirk stands to lose if its grant funds expire, what was initially described as a “last resort” is indeed what the Town intends to do. To remain eligible for the grant funds, the Town must enter into a project finance agreement by Sept. 30, 2026.

The latest meeting of the Town Board began with a public hearing on the matter. Town Attorney Jeff Passafaro described the need for the project at the public hearing. The improvements would be made to the water system already in place. The project would address connection problems, water main breaks, and inadequate flow, as well as ensuring proper fire protection. If the project does not proceed, the existing system would stay as it is, which Passafaro stated would result in escalating water shortages and lack of adequate fire protection.

Three residents spoke at the hearing, including Sue Hazelton, who was outspoken about the residents who refused to sign in the past, as well as Jay Warren and Bill Jakubowski, who each spoke to fire safety concerns in the current state of the District. Warren witnessed firsthand the dangers of inadequate fire protection in the District, as one of his neighbors on Woodlands Drive had their home destroyed in a fire that could not be properly addressed due to an inadequate water supply.

Hazelton said of the property owners refusing to sign easements, “How would these people feel if it was their home, and the fire hydrants didn’t work, and they were on fire? Are we supposed to go down and start a bucket brigade from the lake? Would they like that? How would they feel?”

Jakubowski said, “You’ve got to have water to put the fire out. Don’t stop now.” He then shouted, “Get the water!”

The public hearing was adjourned until Tuesday, Sept. 16 at 5:15 p.m., preceding the next regular Town Board meeting, to allow for more time for counsel to discuss the matters.