Dunkirk mayor vetoes BESS moratorium

Estimated reading time: 6 minutes · Last updated: 1 October 2026

Mayor Kate Wdowiasz has vetoed the Dunkirk Common Council’s temporary moratorium on new Battery Energy Storage System (BESS) proposals, saying the council must adopt any restriction through proper local law and public hearings. As first reported by Observer Today, the veto follows a 5–0 council vote to block acceptance, processing and approval of new BESS permit applications; the resolution limits the moratorium to the earlier of updated zoning rules or adoption of NYSERDA’s BESS Model Law and caps any extension at six months. The measure exempts residential batteries under 20 kWh and systems already fully approved, and the council is scheduled to meet on 6 October 2026 to consider next steps.

What the veto does and why the mayor acted

At a recent meeting with city department heads, Mayor Kate Wdowiasz said she intends to veto the Common Council’s moratorium, arguing the council must use the formal local-law process and hold public hearings. She told attendees the matter should move through established procedures rather than by a walk-in resolution. Wdowiasz did not identify who had threatened litigation and described her planned veto as a defence of process: "They need to do it properly," she said.

The veto prevents the moratorium from taking immediate effect unless the council musters the votes to override it. Under Dunkirk practice the council requires four votes to override a mayoral veto. With all five members recorded as having voted for the moratorium, the next step—whether the council overrides the veto or revises the resolution—will determine whether the temporary ban on new BESS applications stands.

How the moratorium would have worked and its limits

The council resolution would stop any city officer, board or agency from accepting, processing or approving applications for permits, site plans, special use permits, variances or other approvals for the construction, installation or operation of any Battery Energy Storage System within city limits. It explicitly exempts "Battery Energy Storage Systems that received all required approvals before the adoption of this resolution" and residential battery systems under 20 kWh installed in single‑family homes.

The moratorium is framed as temporary: it ends on the earlier of two events—adoption of updated zoning code provisions specifically regulating BESS, or adoption of the New York State Energy Research and Development Authority’s "BESS Model Law" or substantially similar regulations—and the text bars any extension beyond six months from the adoption date unless the council votes again. The resolution cites land use, fire safety and environmental considerations as the rationale for pausing approvals while the city reviews NYSERDA guidance.

Gridi’s NYSERDA award and the proposed community payments

Planning and Development Director Vince DeJoy told council members that NYSERDA awarded a Battery Energy Storage System project to Gridi Development for woodland off Brigham Road at the city’s western edge. DeJoy said the awarded project will not be as large as earlier proposals but that the NYSERDA award still fits Gridi’s development model.

Public Works Director Randy Woodbury said the city is finalising a road use agreement with Gridi and that a host community agreement still needs to be completed. Woodbury said he expects the host agreement will define a Payment In Lieu of Taxes arrangement; Gridi's filing indicates a $1 million annual infusion into city revenue under the PILOT once the agreement is in place, though Woodbury did not confirm the exact start date for payments.

Politics, process and what the council can legally do next

Councilwoman Natalie Luczkowiak supplied the full moratorium text to the local paper and accused the mayor’s administration of obstructing the council by keeping the item off a prior agenda; she says the measure was presented as a walk‑in. Luczkowiak told the OBSERVER that the council will override the veto, schedule the required public hearing and adopt a local law to provide legal protection while formal zoning is written. She argued the council has a clear path under Municipal Home Rule Law to proceed.

If the council seeks an override it must follow the local procedures Luczkowiak described: provide the required ten‑day notice, hold the public hearing that the mayor emphasised, and adopt the local law. The council is scheduled to meet on 6 October 2026; that session is now the most immediate procedural deadline for members to act on the veto, to set a hearing date or to plan a vote on an override.

How the next weeks could play out

The bottom line

The immediate outcome turns on whether the Common Council acts at its 6 October 2026 meeting to override Mayor Wdowiasz’s veto, schedule the public hearing Luczkowiak described, or revise the resolution to meet procedural concerns. While the council and the administration dispute process, the practical matters remain: finalising a road use agreement with Gridi, completing a host community deal tied to a reported $1 million PILOT, and writing zoning language that mirrors NYSERDA guidance or local priorities. Those steps will determine whether Dunkirk pauses new BESS proposals briefly or lets projects move forward under the current code.

What to watch

• Watch the Dunkirk Common Council meeting on 6 October 2026 for any action on the mayor’s veto or a scheduled public hearing.
• Watch whether the council formally moves to override the veto and sets a 10‑day notice and public hearing; no date has been set.
• Watch for finalisation of the road use agreement and a host community agreement with Gridi Development; no date has been set.