Bethany officials, residents hoping that unsigned easements are last delay for water project

Photo by Joanne Beck
After nearly a decade of grant applications, designs and redesigns, surveys, an estimated 20 meetings, Covid delays, price increases, and finally having Water District 5 within reach, there has been one more glitch in the process, Bethany Town officials say.
Eight households in the district haven’t signed an easement and right-of-way to allow the project on their properties. Town Attorney Dave DiMatteo and Supervisor Carl Hyde Jr. informed a room full of interested residents on Wednesday that the water project has been stalled without the necessary signatures, despite repeated attempts to contact the homeowners.
“He's going to their houses, I'm going to their houses. I leave my business card with a nice message: ‘Please call me.’ I text them, I call them, I send them nice letters, crickets,” Hyde said during an informational meeting at Bethany Community Center.
DiMatteo added that he’s thought about scrolling their names on the town’s digital bulletin board outside.
“That way, at least they know we’re looking for them, right?” he said.
At one point early on during the meeting, a blush-faced DiMatteo said the delay was “because of you and not us,” as he stared at the crowd, prompting residents to shout back rebuttals and complaints about another delay.
Ferris Hazlett yelled that he’d had enough, and stormed out of the room of at least 100 people. As someone who has lived in Bethany for 35 years, he has “listened to so many lies,” he said, and he can’t sell his house without a water hook-up.
“Before Carl Hyde got elected, he stood in my driveway and told me we’d have public water. Then there was an excuse, and then Covid. And that's all you hear, and they’re blaming it on us. What about right of domain?” Hazlett said. “I’ve been told by Carl Hyde that shovels will be in the ground by April. We’re here to find out when we’re getting water. Don’t lie and continue to lie. How much digging are you going to do in the winter?”
The Batavian asked DiMatteo about whether the town has the right-of-way for easements onto properties, such as how National Fuel does when installing gas meters outdoors.
“We have the right to do it, but these easements are outside of our right-of-way, on their private property,” he said. “And our respect for their private property, we need their permission.”
The new time period for breaking ground on the district is in the fall, Hyde said. Unless those people who haven’t signed “have a change of heart or mind,” he said, then it could be earlier. He has texted, called, and sent letters to no avail, and likewise for DiMatteo.
Except that’s not the case for all of them. Zack Anderson of Clark Patterson Lee, the lead engineer on the job, said that there are some residents who haven’t signed due to having issues with their easements.
“I don't know all the particulars. Carl and Dave DiMatteo have been discussing those things with the property owners,” Anderson said. “I’ve only been in touch with, I think, a handful of property owners that have had questions for me, that I've met out on site … but I guess there are some that are still outstanding.”
The Batavian asked Hyde about this, and he said he could go down the list about the various problems, such as one property owner not wanting anyone on his property at all and is against the water district; another who was listed under the wrong address; a pest business with an address in Philadelphia; and another accusing the town of trying to force him into an easement. So it does seem like there has been contact. Many of these people are refusing to sign or just say no, Hyde said to The Batavian after the meeting.
“They won’t do anything. For two months, we’ve had 94 easements. I’ve got seven we’re finding this week, they don’t want to do it,” Hyde said. “We’re having a conversation with the engineering firm.”
A mother had asked DiMatteo after the meeting if he would go to her son’s house to notarize his signature, and the attorney said his response was “let’s go right now.”
The water district plan will have to be altered to avoid those properties without a signed easement. That, plus attorney and staff time, mailings, and “chasing people that wanted the water district,” has been a waste of money coming out of the $21.6 million from low-interest government loans, Hyde said.
“We’ve done everything we can; the ball is in their court,” he said. “We’re recalculating a way around their property. Every time we have to add legal fees, that comes out of the $21 million.”
The plan was reduced from two water towers to one because it was located on the highest property in town, at an elevation of 1,305 feet, said water operator Paul Barrett of the Town of Batavia. There won’t be any leftovers from savings, Hyde said, as he’s “not giving back one penny” of the lump sum.
The debt service to property owners is expected to be around $850 to $880 per year, and it is anticipated that this total will decrease in subsequent years as more people join the district.
Residents were instructed to complete a form related to their property — residential, commercial or agricultural — and submit it for Barrett to work on details for the district. They were encouraged not to buy or do anything for their property until the next meeting, which has not been scheduled yet.
“You’ll find out what you need for your particular property,” Barrett said.
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Photo by Joanne Beck

Photo by Joanne Beck

Photo by Joanne Beck