After working toward a resolution to waterline issues in the town since 2020, the Dunkirk Town Board has taken another step forward in the push for the Shorewood Water Project to proceed.

The Town Board authorized special counsel to file an Article 4 Petition to advance to the next step of Eminent Domain proceedings in court. The town is seeking a court order for the acquisition of rights of way pertaining to private roads throughout the Shorewood Water District.

“It’s something that we’ve been working on for quite some time,” Supervisor Shari Miller said of the Shorewood Water Project.

The Shorewood Water 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.

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. However, because of the way the neighborhood was constructed, many of the roads are private roads, making securing easements much more complicated than the Town had initially expected. Some of the roads were developed and maintained by residents dating back roughly 100 years, while not ever being filed through the proper channels.

To remain eligible for the grant funds, the Town must enter into a project finance agreement by Sept. 30, 2026. Facing a time crunch to remain eligible for grant funding, the Town Board went to its “last resort” of Eminent Domain proceedings to secure the necessary easements.

“We’ve got to get moving on this before we lose our grant money,” said Town Board member Phil Leone.

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 Town Attorney Jeff Passafaro stated would result in escalating water shortages and lack of adequate fire protection.

The remaining landowners who were “holding out” from signing easements have agreed to proceed with the project, but the legal process is still ongoing due to the nature of the private roads.

In the month of December, the Town Clerk’s Office collected $500 in Clerk fees and over $1,000 in Zoning fees. In total, $1,633.60 was collected for distribution. The Code Enforcement Office issued five permits in December.

The Town of Dunkirk Justice Court handled a total of 125 cases in the month of December, including 115 vehicle and traffic law cases, resulting in a total of $13,596 collected for distribution.

The Town Board has yet to hear back from the City of Dunkirk regarding police protection in the town. The Town Board did pass a resolution to pursue grant funding from Chautauqua County for a shared service agreement regarding dog control services.

The Town Board also approved a quote from DFT Communications for a new phone system; approved a court audit request; and approved an agreement for the expenditure of highway monies. The Board also renewed the town’s certificate of deposit with Community Bank and authorized Shari Miller to make budget transfers to close out the 2025 fiscal year.

The next meeting of the Dunkirk Town Board is Tuesday, Feb. 17 at 5:30 p.m.