Dunkirk is moving ahead with giving up a smaller portion of Deer Street, after confusion nearly derailed the effort.

The Common Council voted unanimously to refer the proposed closure to the city Planning Board, a required part of the process. However, at least two councilors were not in favor until city officials offered some more explanation and comments on what is happening.

Councilor Natalie Luczkowiak initially voted yes, then Abigail Zatorski and James Stoyle voted no. When it was Nancy Nichols’ turn to vote, she declared, “We’re gonna take a pause here for a moment.”

Nichols called on city officials to further explain the proposal. Vince DeJoy, city planning and development director, was first to speak.

“What has been negotiated is the fact that we are now looking to abandon only the section north of the entrance to Lake Shore Savings Bank,” DeJoy said.

He said the city is making the move at the request of Regan Development, which is about to construct a new housing development at the west end of the nearby Save-a-Lot Plaza, and the plaza’s owners. DeJoy appeared frustrated about reluctance to give up the street.

“There really is no reason not to do this,” he said. “If you’re trying to block a $40 million development … then go ahead. But this is about making this project work, and providing the parking they need. It was negotiated by Regan Development and owners of the Save-a-Lot (plaza).”

The city Planning Board’s role is “to look at it and make sure everything is being done properly and then to remove it from the official city map.” However, DeJoy said, the Common Council would still do a final vote on it because a local law is necessary to close the road.

“I will add… that there was a public hearing on abandoning this property at the last council meeting. There were no public comments on that,” noted City Attorney Elliot Raimondo.

“I think all of us wanted to protect the interest of the frontage of Lake Shore Savings,” said Department of Public Works Director Randy Woodbury. “They’ve been here, a big institution in Dunkirk, for almost 150 years… The first application that we had, and the public hearing we had, included giving the Save-a-Lot people that frontage to Lake Shore Savings. (DPW) was against that and I think a lot of people on council were against that — but since then, the applicants have revised their request and they only want to get what’s north of the Lake Shore Savings drive-through entrance.”

Woodbury noted an easement would be put in for first responders and the CARTS bus that stops in the area. He echoed DeJoy in saying the Common Council will make final approval of the closure.

The DPW director pushed back on suggestions that some sort of secret “handshake agreement” is behind the transfer.

“Nothing regarding land can be done by verbal or handshake. It goes back to English common law — I just happen to know this because I’m a licensed land surveyor,” Woodbury said. “Land conveyances have to be memorialized in writing and filed officially with the Chautauqua County clerk.”

Assessor Erica Munson said she agreed with the concerns about the earlier version of the closure. But now, “I’m very comfortable with this move to let this go to the Planning Board. It not only preserves city-owned paper streets and roadways but it also preserves long-standing community businesses.”

As she spoke, a device that was playing music throughout the council meeting blasted the chorus of Belinda Carlisle’s “Heaven Is a Place on Earth.”

After the city officials spoke, Councilman-at-Large Nick Weiser asked to start the voting over. Zatorski and Stoyle changed their votes. Nichols and Councilman-at-large Nick Weiser then also voted “yes.”