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P.B. Mtg. #01 P.B. Special Session #01 February 5, 2026 Page 1 PLANNING BOARD SPECIAL SESSION FEBRUARY 5, 2026 MINUTES MEMBERS PRESENT: Harold Fabinsky, Chairman Nicholas Baich John Deluca Henry Heppner David Kaczor Alex Long Richard Schechter EXCUSED: David Mellerski, Alternate OTHERS PRESENT: Gregory Bennett, Liaison to Town Board Thomas Minor, Supervising Code Enforcement Officer Tom Ostrander, Assistant Municipal Engineer Maura Seibold, Deputy Town Attorney Anna Worang-Zizzi, Director of Community Development Kristin B. Mahoney, Recording Secretary The Chairman announced exit procedures in the event of a fire alarm and called the Planning Board meeting to order at 7:00 P.M. in the Orchard Park Community Activity Center. He stated that if anyone appearing before the Board has a family, financial or business relationship with any member of the Board, it is incumbent upon that person to make it known under State Law and the Town Code of Ethics. The Chair asked Ms. Worang-Zizzi to introduce new participants. She introduced new Board Members Mr. Deluca and Mr. Schechter, who had previously served on the Conservation Board, as well as new Deputy Town Attorney Ms. Seibold, Town Board Member Dr. Bennett, and Recording Secretary Ms. Mahoney in their new roles. PUBLIC HEARING: The Chair presented the protocol for conducting Public Hearings. 1. PB File # 15-18: “Nexgen” (Old Transit Road Subdivision), located on the west side of Transit Road, approximately 800 feet north of Milestrip Road, proposed 26-Lot Subdivision, upon 25.141+/- acres Vacant Land, Zoned R-2. (SBL #198.00-4-25). Pre-Application Findings were made on 8/18/19. Applicant is seeking Planning Board Preliminary Plat Plan approval. Public Hearing was adjourned on 6/12/25. This is a Preliminary Plat Plan Public Hearing. APPEARANCE: Peter Sorgi, Project Attorney Anthony Pandolfe, Carmina Wood Design, Project Engineer Mr. Sorgi stated that this project started in 2019. The Applicant was asked to do numerous soil tests in 2022. These were reviewed by a Town consultant in 2025. The consultant concluded that there was no need for deed restrictions or any other action. The Applicant is here tonight for the fourth time to answer any questions. He stated he was aware that the Planning Board cannot proceed with any decision tonight because information must be sent to Erie County and the County needs to make a recommendation regarding the project. The Chair stated that the Environmental Consultant’s report recommended that the Town seek legal counsel to determine if there were any legal issues that may impact the Town. Ms. Worang-Zizzi noted that Board Counsel had advised that the Town is within its rights to ask for deed restrictions but there does not appear to be reason to do so at this time. She added that there currently remains one area noted in the petitioner’s environmental consultant’s report that still requires mitigation before conveyance to the Town.