Planning Board minutes — February 19, 2026 (full text)

PLANNING BOARD TOWN OF MARILLA Date: February 19, 2026 Location: Marilla Community Center Time: 7:00 PM Present: Clarence Wigler Cari Jaroslawsky Deb Mamon Debbie Zimmerman Shawn Slammon Max Strasser Paula Shatzel, Clerk Also Present: Earl Gingerich, Supervisor, Mapendo Tumani, CPL Absent: Wendy Schoewetter Guests: Please see attached. I. Call to Order The meeting was called to order at 7:00 PM by Shawn Slammon, II. Approval of Minutes MOTION to approve January minutes Cari Jaroslasky; SECOND Max Strasser. All in favor. III. Public Expression Shawn Slammon welcomed guests and explained the purpose of the Planning Board is to make recommendations only. There would be no decisions rendered at this meeting. All guests in attendance were given the opportunity to voice their concerns and opinions. Seven individuals spoke at the meeting. Of the seven individuals expressing their opinions about the Special Use Permit, four were against issuance; three were in favor. Several residents voiced their concern regarding the transparency of the organization. Shawn Slammon entered a written letter From Terri Darner into the public record. Sean Hopkin, attorney for the applicant reviewed the submitted documents to date. Mr. Hopkins discussed the definition of a boarding house as outlined in the Town code book as “BOARDINGHOUSE (ROOMING HOUSE): A dwelling other than a hotel or motel where more than two persons are housed or lodged for hire with or without meals.” Mr. Hopkins stated this project falls under that definition. Mr. Hopkins addressed the issue of transparency stating they have tried to be transparent. He states that all questions given to them by the Planning Board have been addressed. Mr. Hopkins addressed the financial concerns. He states it was his understanding that previously it was stated that if this project moves forward, it would cost the taxpayers of Marilla $600,000 yearly in increased property taxes. He stated this was “one hundred percent inaccurate,” citing

the Town of Marilla’s 2026 budget does not contain a specific line item for law enforcement services provided by the Erie County Sheriff’s Department. He stated it was part of the general tax bill people receive in Erie County. He stated the applicant has agreed to provide onsite security from 11pm to 7am as discussed with the Zoning Board of Appeals. There will be a minimum of four people at the project site during the day. He stated the organization is very involved with the Erie County Sheriff’s Department as well as FBI, Department of Homeland Defense, etc. He states they have reached out to them, and they have no concerns about the project. He stated there could be an instance when the Erie County Sheriff who is already in the town could be called to the residence but he states he knows this will not be a substantial burden. Mr. Hopkins provided the board with a list of Residential Program Rules and Regulations (see attached). Mr. Hopkins stated there would be no increase in traffic in the area of the project site. Debbie Zimmerman asked how many vehicles the agency will have on property for their use. Mr. Hopkins stated the employees only will have vehicles. Chad Rush, speaking on behalf of the Hein Foundation, stated two small minivans would be there for travel. The Hein Foundation will be owners of the house. Taxes will be paid for the full duration of ownership by the William and Diane Hein Foundation. Debbie Zimmerman questioned why the Planning Board never received reference information requested regarding other similar facilities. Max Strasser stated the Board was led to believe that this was a “first” for this type of facility and they could not share information. Max Strasser asked about security from the hours of 7:01am to 10:59pm. Mr. Hopkins stated there were going to be four people onsite who were trained to maintain a safe environment for everyone. Mr. Hopkins stated they did not come to the Planning Board until after their meeting with the Zoning Board of Appeals. Shawn Slammon stated they did come before the Planning Board with an incomplete application and were advised to speak to an attorney and return once it was completed. Shawn Slammon also discussed the issues of hunting and gunfire in Marilla being a sensitive issue for the residents of the home. Mr. Hopkins stated they would have to make sure the female residents are aware these issues are present and it is part of living in a rural area. Shawn Slammon again questioned the presence of liability insurance through the organization should there be an incident where someone in the neighborhood is injured or worse. Mr. Hopkins stated the organization will carry insurance but there would not be insurance to cover something like this because it’s not a categorical risk. Debbie Zimmerman also questioned the submission of Sheriff Garcia’s letter as it pertains to the project and the PATH organization because the actual organization is not named in his letter. Mr. Hopkins states it was not included because they wanted to keep the organization confidential. Debbie Zimmerman stated that the Board asked several times for the name of the organization to appropriately address the project and the name of the organization was never provided by any of its representatives. Shawn Slamon made a MOTION to schedule a public hearing for 11141 Stolle Road for March 19, 2026 at 7:00 a.m. at the Community Center. SECOND Cari Jaroslawsky. Clarence Wigler - aye Cari Jaroslawsky - aye Deb Mamon - aye Debbie Zimmerman - aye Shawn Slammon - aye Max Strasser - aye All in favor. Cari Jaroslawsky asked for validation of statistics quoted by Mr. Hopkins regarding incidents at these types of facilities.

Supervisor Gingerich asked Mr. Hopkins how he concluded that $600,000 for extra law enforcement in Marilla was “one hundred percent inaccurate” when he was not present at the meeting the Supervisor had with law enforcement when this figure was discussed. Supervisor Gingerich stated that this amount (actually more) would be billed to the Town of Marilla and subsequently to the residents of Marilla equaling approximately $300/yearly to the average household, increasing over the years. Mr. Hopkins stated the idea that the town would incur this expense is “categorically wrong.” Mr. Rush also stated there would be no additional resources needed by the Town. Shawn Slammon requested statistics showing there was no increase in 911/emergency calls from the same type of facilities. Mr. Hopkins stated they would make an effort to obtain those statistics. Debbie Zimmerman asked Mr. Hopkins to bring a detailed security plan to the Public Hearing. Max Strasser asked if Mr. Hopkins could guarantee the project would have no effect on the residents’ taxes. Mr. Hopkins stated there would be no effect on taxes because of this project. Max Strasser also asked about liability insurance protection in place so no lawsuits could be filed against the Town of Marilla. Mr. Hopkins stated he would investigate the type of insurance they are envisioning having. Mr. Hopkins requested copies of any letters the Town of Marilla might receive so they could be prepared to address any questions. Debbie Zimmerman asked why Sheriff Garcia would “praise” the organization given the fact that there was no organization mentioned in his letter. Mr. Hopkins stated Sheriff Garcia was referring to the services offered by the organization currently without naming the organization. IV. New Business None. V. Old Business None. VI. CEO Report None. VII. Open Board Presentation None. VIII. Adjournment MOTION for adjournment made by Debbie Zimmerman; SECOND Max Strasser. All in favor. Respectfully submitted, Paula Shatzel Clerk