OBSERVER Photo by Anthony Dolce The town of Dunkirk Zoning Board at Wednesday night’s meeting. The board sided with the residents of Woodlands Drive.

Residents of Woodlands Drive in Dunkirk finally got their answer on whether the vacation rental that has been a topic of controversy for months will be allowed to continue operation. After the brief meeting of the town of Dunkirk Zoning Board this week, the Woodlands residents can rest easy.

In a unanimous decision, the Zoning Board ruled the original decision by Zoning Officer Ryan Mourer to allow the rental, owned by Jennifer Friedman at 5184 Woodlands Drive, to operate was incorrect, citing many different points of the Dunkirk zoning code.

“The Zoning Board has decided that the zone enforcement officer’s interpretation of the short-term rental operating in an R1 residential district to be incorrect,” said Dunkirk Zoning Board Chairman Scott Pagano in a statement. “We as a board disagree with the code enforcement officer’s interpretation that the language was not clear enough to act on.

We think the language in the zoning book is clear enough.”

When Mourer first made his interpretation on Oct. 19, he stated that he was not going to act on the matter, who stated at that time “I don’t feel the language gives me the power to act on it and stop what she is doing.” As part of the zoning board’s statement, Pagano cited a few different reasons for their disagreement, with the focus being on R1 districts requiring a family dwelling.

“It specifically points out that the group is not temporary or transient in nature,” Pagano said. “The groups that are renting from Ms. Friedman and temporary and not permanent occupants.”

Pagano also cited the permitted uses section of the zoning code, which says that if a use is not specifically permitted in the law, it is assumed to be prohibited, unless it is determined in a written decision by the Zoning Board.

“Said use would have to be similar to permitted uses, meets the intent specified by the zoning law, and is not inherently a nuisance, menace, or danger to health, safety, or welfare of residents in the municipality,” he said. “With the evidence provided, it is clear that this has become both a nuisance and menace to residents in the Woodlands neighborhood.”

Zoning Board member Thomas Tarnowski said that when the issue was first brought to his attention, he originally aired to the side of Friedman, though after all the evidence was provided, he came around to agreeing with the residents.

“I looked at both sides of the argument, thinking the neighbors had no right or say in who stays at Ms. Friedman’s property,” said Tarnowski. “Taking all the considerations of all the hearings, I believe short-term rental is not a residence, it’s a business. With that, I’m siding with the Woodlands residents.”

A resolution was unanimously passed that ruled Mourer’s interpretation incorrect, and a short-term rental is not a permitted use within an R1 district. Pagano expressed his gratitude to both sides for their contributions to the matter.

“I would like to thank both parties for the time and effort that has been put into this matter,” Pagano said. “Both parties provided abundant evidence for consideration.”

The decision was met with a round of applause by the Woodlands Drive residents who were in attendance at the meeting.