Vacancy limits Town of Dunkirk approves short-term rental law

OBSERVER Photos by Braden Carmen Dunkirk resident Phil Leone and many of the members of the public in attendance celebrated as the Town Board officially approved a local law to restrict short-term rental properties in residential neighborhoods.
- OBSERVER Photos by Braden Carmen Dunkirk resident Phil Leone and many of the members of the public in attendance celebrated as the Town Board officially approved a local law to restrict short-term rental properties in residential neighborhoods.
- Dunkirk Town Board members Priscilla Penfold, left, and Henry Walldorff, right, expressed their support of a local law to restrict short-term rental properties in the Town of Dunkirk.
That decision finally came after years of debating the topic, with countless public comments made to the Dunkirk Town Board throughout the ongoing saga leading up to the final decision.
A special meeting last week finally put the issue to bed, as the Dunkirk Town Board unanimously approved a local law to outlaw short-term rental properties in the town’s Residential-1 district. “I’m glad that everybody came out and voiced their opinions, for or against. This is what democracy is,” Dunkirk Town Supervisor Juan Pagan said. “Hopefully, we’re doing the right thing. Whatever we do, I’m sure someone, somewhere is not going to approve, but the majority rules, and that’s the way it should be.”
Although a public hearing was held prior to the last regular Dunkirk Town Board meeting, which then had the local law on its agenda, a final decision was pushed back more than two weeks as the town made changes that were deemed not substantive to the overall scope of the law that was presented.
“The matter before us as far as adopting this law is to regulate short-term rentals, in this case restrict it in the R-1 district and allow it in the rest of the town … or allow it totally in the town,” Pagan said before the vote. “At this point, we can move forward and decide as a board, cast our votes, and put it behind us.”

Dunkirk Town Board members Priscilla Penfold, left, and Henry Walldorff, right, expressed their support of a local law to restrict short-term rental properties in the Town of Dunkirk.
The special meeting was called to vote on the law after addressing minor concerns that were raised at the public hearing, including many pointed out by Town of Dunkirk resident Phil Leone, an attorney, who was among the 10 members of the audience in attendance for the special meeting. Leone and most of the audience clapped and smiled as the law was officially approved.
Although public comments were not heard at the special meeting, the public hearing on the matter at the previous meeting featured more than 45 minutes of discussion. “Everything that needed to be said was said at that meeting,” Pagan stated.
“I know it’s been a challenge for all of us. It’s decision time. It’s tough — it’s a tough endeavor that we had to take here. On the one hand, we’re protecting the character of some of the neighborhoods. On the other hand, residents that are out to make, maybe, some revenue out of this are somewhat restricted,” Pagan said.
The special meeting itself lasted less than 15 minutes in its entirety, as the Town Board verified publication of the legal notice, noted correspondence in the form of a letter by short-term rental owner Jennifer Friedman, approved the issuance of a negative declaration on the law through the State Environmental Quality Review, and then discussed and voted to approve the local law.
“In my history of being on the board, this is certainly something that’s invoked a lot of thought. It’s very sensitive, we get some passionate opinions about this, but I think the law adequately addresses what is best for the town,” said Town Board member Dr. Jay Bishop.
Bishop highlighted that the law provides “an exit strategy” for short-term renters in the R-1 district, and also noted a variance for economic hardship is also an option within the law.
“I think there’s something in here for everyone. I’m in favor of the town law,” Bishop said.
Town Board member Priscilla Penfold added, “I hope we’ve covered all that needs to be covered – we’ve done our best – and I believe we have. I’m in favor of the law as it stands.”
Town Board member Jean Crane then turned to the audience and thanked the public for its input throughout the process. She then joked, “I just want to know what you’re going to do with your Tuesdays now.”





