Town Board packet — May 14, 2026 (Attachments)

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WHEREAS, the applicant has stated that this would be the first facility of this kind in which they would be
involved; and

WHEREAS, the Erie County Sheriff’s Department cannot guarantee 24-hour, 7-day-per-week coverage
within the Town; and

WHEREAS, concerns over public safety due to limited law enforcement presence in the Town of Marilla
as well as limited information regarding on-site security; and

WHEREAS, concerns about the effect upon the neighborhood which is comprised of single family
dwellings with children; and

WHEREAS, the Erie County Sheriff’s Department provided the Town with a proposal in December 2025
for 24/7 coverage that would exceed $622,000 for the current year alone (see attachment); and

WHEREAS, the Town is already experiencing strain on its emergency services; and

WHEREAS, a letter from the Zoning Board of Appeals dated March 12, 2026, raises concerns regarding
the applicant’s integrity and the completeness and accuracy of information provided (see attachment);
and

WHEREAS, questions remain regarding whether the William and Diane Hein Foundation would actually
manage the day-to-day operations of the proposed facility; and

WHEREAS, there is uncertainty as to which organization would ultimately be responsible for managing
the facility;

WHEREAS, the Special Use Permit was submitted in December of 2025; and

WHEREAS, Rooming Houses was not allowed in Agricultural Zoned Districts as of November of 2025; and

WHEREAS, The legal counsel's client was, from the very beginning of the process, Path of WNY; and

WHEREAS, The representatives of PATH of WNY deliberately attempted to conceal their identity and
addresses for apparent personal safety concerns and/or to deceive the Town.

NOW, THEREFORE, BE IT RESOLVED, that the Town Board denies the Special Use Application based on
concerns regarding public safety, particularly in a residential area with children, the applicant’s lack of
transparency, the timing of the filing of the special use permit and apparent deliberate attempt to
conceal the true applicant.