Johnstown Planning Board recommends temporary BESS moratorium, approves FAGE expansion and schedules multiple hearings

The Johnstown Planning Board on March 3 recommended a one‑year temporary moratorium on battery energy storage systems (BESS) to give the city time to review state guidance and adopt local regulations, approved a site plan for a FAGE Dairy expansion at 1 Opportunity Drive, and scheduled public hearings on multiple new projects.

The board, chaired by Peter Smith, voted 4–0 with one member absent to forward a resolution recommending the temporary BESS moratorium to the Common Council. Members cited concerns about proximity to residential neighborhoods and schools, fire risk and emergency response preparedness, decommissioning at end of life, and potential impacts on property values. Fire Chief Larry O’Regan offered to arrange an informational session with a design professional who previously presented in neighboring Gloversville to brief the council and planning board before any permanent regulations are drafted.

Why it matters: municipal ordinances and zoning determine where and how utility‑scale battery installations can be sited; the moratorium is intended to pause approvals while the city reviews the New York State Battery Energy Storage System Guidebook and develops standards for permitted districts, setbacks from residences and schools, safety, emergency response and decommissioning.

On land‑use approvals, the board reviewed comments from state and county agencies and issued a SEQR Negative Declaration for FAGE Dairy’s proposed expansion. The applicant’s representative said stormwater from the expansion will be directed into a bioretention basin and discharged to an existing culvert under Venture Drive. Stan Waddle, zoning officer for the Town of Mohawk, flagged a discrepancy in reported square footage (8,400 sq. ft. referenced in minutes versus 6,368 sq. ft. on the building permit); the board clarified that 6,368 sq. ft. describes the receiving bay addition while the larger figure reflected the total project area. The board recorded two sequential motions related to FAGE—finding no significant environmental impact and approving the site plan—with votes recorded as 4 ayes, 0 noes, 0 abstentions and 1 absence.

The board also reviewed a proposed change of use for 12 W. Main Street from mercantile to a Broadway‑themed café presented by Eric Betz and Tammy Powers Betz. The applicants described the venue as a neighborhood "third place" focused on morning commuters and the local theater community, with limited food preparation and occasional acoustic or open‑mic nights. Because the proposal changes occupancy classification, the Planning Board required formal review and set a public hearing for April 7, 2026 at 4:00 p.m.

Tiernan Laue, representing Breakthrough Equity Group, described a retail display of used manufactured homes on a parcel at 605 S. Comrie Avenue — typically two to four units on site and up to six at peak — intended for retail sale and transport off‑site following purchase. The board discussed visual impacts at the city gateway on Route 30A, potential limits on unit count and layout, and screening; it referred the application to the Fulton County Planning Board and scheduled a local public hearing in April.

A separate application for 500 N. Market Street from Ahmed Elazeb proposed converting two former ground‑floor commercial units into residential units to create a four‑unit building. The board noted the property is zoned SF‑2 (one‑ or two‑family permitted), that a four‑unit building is not allowed without a variance, that minimum parking (six spaces) and plan details (egress, light and floor plans) must be provided, and that a professional engineered site plan is required. The board took no action and adjourned the matter pending resubmission and code review.

On administrative policy, members endorsed recommending that the Common Council amend Ordinance 305‑26 to permit cost recovery from applicants for direct public‑notice and mailing expenses associated with land‑use applications. Board members said many municipalities already require such reimbursement and cited General Municipal Law authority; typical publication costs were described as modest (about $8–$12). The resolution passed 4–0 with one absence.

The board closed with a discussion prompted by Fire Chief O’Regan about the increasing use of shipping containers (Conex boxes) as accessory structures or converted units. Under the 2025 New York State Uniform Fire Prevention and Building Code, such containers can be ‘‘structures’’ when properly engineered; the board emphasized that permissibility and placement are zoning matters and recommended that the Zoning Board of Appeals or Common Council clarify district rules, size limits, setback and screening requirements, and whether conversion to dwellings should be permitted.

Next steps: the Common Council will receive the board’s recommended moratorium and the suggested amendment to Ordinance 305‑26 for consideration; public hearings are scheduled for the Curtain Call Café (April 7) and for the Breakthrough Equity Group application (April meeting), and the 500 N. Market Street application remains pending resubmission and potential ZBA referral.