Southtowns Record

Town Board minutes — May 14, 2026

Government
Town of Marilla
Board
Town Board
Meeting
May 14, 2026
Kind
Minutes
Topics
Zoning and land use, Moratoriums, Public safety, Water, sewer and drainage, Budget and taxes

Publisher's summary

Added by hand from the Town of Marilla's public DocuWare minutes search.

Original document

Same meeting

Text · page 15 of 16

Read the whole document on one page (all 16 pages, each with its own heading)

Regular Meeting  32
  May 14, 2026

definition typically does not include victims of human trafficking, individuals struggling with substance abuse,
or individuals transitioning from incarceration; and
WHEREAS, letters from the Erie County Sheriff dated June 25, 2025, and March 6, 2026, do not specifically
reference the organization involved with the proposed facility (see attachments); and
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.

Motion:  Councilman Sebastiano moved, seconded by Councilwoman Nolan to deny
  the Special Use Permit Application for the William and Diane Hein
  Foundation Rooming House location at 11411 Stolle Road, Marilla, NY
  14102.
  Motion Carried.

  Roll Call Vote:
  Councilman Reichert – Aye  Councilman Nolan – Aye
  Councilman Dolegowski – Aye  Councilman Sebastiano – Aye
  Supervisor Gingerich Jr. - Aye
  Motion Carried

Motion:  Councilwoman Reichert moved, seconded by Councilman Nolan to authorize
  the East Coast Malinois/O.G. Gartenstaat IPO Inc. Club, a non-profit dog
  training club to use the town soccer fields on Eastwood Road.
  Motion Carried.

Motion:  Councilman Nolan moved, seconded by Councilwoman Reichert for the
  purchase of a 2026 Kenworth Truck not to exceed $346,466.
  Motion Carried.

  Supervisor Gingerich Jr. just wanted to state that this will be paid with cash.
  When he became Supervisor in 2014 a Highway Reserve Account was set up
  for purchases like this.

Motion:  Councilman Reichert moved, seconded by Councilman Dolegowski to certify
  the Referendum for Town Supervisor term limit, 110 yes and 129 no votes.
  Referendum Failed.
  Motion Carried.

Motion:  Councilman Nolan moved, seconded by Councilman Dolegowski to amend
  the agenda to add the weight limit change on Stolle Road from Two Rod
  Road to the Town line to Elma.
  Motion Carried.