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The most contentious topic in the town of Dunkirk in years is nearing the finish line.
After a recent public hearing, the Dunkirk Town Board scheduled a special meeting for Friday, July 7, at 5 p.m. to address a proposed local law regarding short-term rental properties.
At the public hearing, about 30 people filled the small town courtroom as both sides of the debate were presented. In contrast to most regular Town Board meetings in recent months, short-term rental property owners were in attendance to defend their property rights. Among those in attendance was Jennifer Friedman, whose rental property on Woodlands Drive has been the center of many of the residents’ concerns. Friedman has an ongoing legal proceeding against the Town of Dunkirk and the Zoning Board of Appeals regarding her property.
“I own the property that started the whole thing,” Friedman began. “I am a solo homeowner. … My childhood dream was to own a property on the lake. I can’t afford to own a property on the lake without some supplemental income to afford it.”
Friedman described that when she bought the property in 2020, she was under the impression that short-term rental properties were permitted in the neighborhood. She claimed that her guests visit Dunkirk because of the views provided by the neighborhood her rental property is located in.
“The properties on the lake are what drives tourists to Dunkirk. All except two of my renters said they came to Dunkirk because of the incredible views we have on the water. They’re not there to come to Dunkirk, to see what Dunkirk has to offer. They’re there for a vacation on the lake,” Friedman said.
Throughout the heavy majority of the regular meetings, only those who opposed short-term rentals attended to voice their concerns to the Town Board. But at the recent public hearing, Friedman spoke for over 16 minutes, more than five times longer than the three-minute limit the town can choose to invoke.
Friedman spoke against outlawing short-term rentals in residential districts. “Those are the most valuable places to rent. There are specifically, significantly less restrictive options that you could do rather than an outright ban,” Friedman said. “The town is supposed to balance the rights of the property owners against the others’ rights. We have a right to use our property and to profit off of it.”
Friedman was one of multiple short-term rental owners who supported many of the regulations set out in the proposed law, but objected to restricting where they can operate.
“I don’t think the law is fair. I don’t think it’s fair to me, I think it’s not fair to the other homeowners in Zone R1,” Friedman said. “I also think that when you look at the difference between property owners’ rights and the rights of the people of the neighborhood, there has to be a balance.”
After the public hearing concluded, those in the audience who vocally favored short-term rentals departed, while a small group of residents who often oppose vacation rentals stayed to voice their concerns again, and to remain throughout the duration of the regular meeting.
Among those to stay for the entire meeting, who voiced their concerns both at the public hearing and the public comment portion of the regular meeting, included Phil Leone, Jay Warren, Sue Hazelton, and Barbara Warren.
Leone spoke first among all public speakers at both the public hearing and the regular meeting. Leone, who is an attorney, highlighted multiple parts of the proposed law that needed to be clarified or edited.
After Leone provided his legal opinion, he then spoke to his objections to short-term rentals in his neighborhood. He highlighted how at one rental property, garbage had been left out and was spread throughout the property and the road, presumably by animals. Leone presented photos of the issue.
Jay Warren then offered thanks to the Town Board for its efforts to draft a local law regarding short-term rentals.
“I want to commend the Board for all the time and effort you’ve put into this. I know it’s been a burden over the last two years. I think the thing that’s best is, you’ve taken everyone’s advisement on this,” Jay Warren said. “You listened to the people that came to meetings. You looked at the petitions that were submitted, with over 100 signatures. You looked at what happened at the zoning meeting and the interpretation of the law as it exists today. … I thank you, and I hope this all turns out for the best.”
Barbara Warren addressed her concerns with frequent parties at short-term rental properties. “When you spend $500 a night to stay in someone’s home, you feel pretty entitled to have a party. We understand that, and that is our concern,” she said.
During public comments in the regular meeting, Jay Warren said, “I think some good points were made here. … Do your due diligence before you buy the property.”
Hazelton reiterated her belief that a short-term rental property is a business that does not belong in a residential neighborhood. “Nobody asked these people to buy these properties. It’s a business,” she said. “…Go somewhere else.”
Hazelton also stated during the public hearing, “To be honest with you, I think VRBOs are going to be like a fad. They’re going to come, and they’re going to go -- so hopefully, they’re going to go.”
After all of the input it received at the recent hearing and meeting, the Town Board elected to postpone a decision on the proposed local law until after the special meeting set for July 7. At that meeting, the Town Board can decide whether or not to adopt the law. However, if substantive changes are made to the law that was originally presented, another public hearing would need to be set to address the new law before it may be adopted.