314.2007
RESOLUTION APPROVING THE GREAT ESCAPE THEME PARK’S
APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY
SEWER CONNECTION REQUIREMENT CONCERNING PROPERTIES
LOCATED ON STATE ROUTE 9
RESOLUTION NO.: 314, 2007
INTRODUCED BY: Mr. Richard Sanford
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 to issue
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variances from 136-44 “Connection to sewers required” which requires Town property owners
situated within a sewer district and located within 250’ of a public sanitary sewer of the sewer district
to connect to the public sewer facilities within one (1) year from the date of notice, and
WHEREAS, The Great Escape Theme Park, LLC (Great Escape) has applied to the Local
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Board of Health for a second variance/waiver from 136-44, as the Great Escape has requested a
second extension of time in which to complete the connection of Great Escape owned properties to the
Town of Queensbury’s Route 9 Sewer District, as the Great Escape continues to undergo a multi-
phased installation of on-site sanitary collection sewers to connect the properties to the Route 9 Sewer
District and a majority of the new sewer installation involves routing new sewer collection main
around, through and between existing buildings, facilities, buried utilities and sensitive natural features,
with such sewering requiring construction in excess of 3,000 additional feet of collection sewer to
connect its remaining facilities, as more fully set delineated in Jarrett-Martin Engineers, PLLC’s May
st
31, 2007 letter and application, and
WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to the Applicant and the
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Town Board conducted a hearing concerning the variance/waiver request on Monday, July 2, 2007,
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NOW, THEREFORE, BE IT
RESOLVED, that
a) due to the nature of the variance/waiver request, the Queensbury Town Board determines
that the variance/waiver would not be materially detrimental to the purposes and objectives
of Queensbury Town Code Chapter 136 and/or adjoining properties or otherwise conflict
with the purpose and objectives of any plan or policy of the Town of Queensbury; and
b) the Town Board finds that the granting of the variance/waiver is reasonable and would
alleviate unnecessary hardship on the Applicant; and
BE IT FURTHER,
RESOLVED, that the Town Board hereby approves The Great Escape Theme Park, LLC’s
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application for a variance/waiver from Queensbury Town Code Chapter 136, 136-44 “Connection to
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sewers required” and grants a one year extension of time or until July 2, 2008 in which to connect its
properties located at:
1.The Great Escape & Splashwater Kingdom, 1172 State Route 9, Queensbury (Tax
Map No.: 288.20-1-20);
2.The former Zoological Park, 1120 State Route 9, Queensbury (Tax Map No.: 295.12-
1-4); and
3.Samoset Cabins, 1299 State Route 9, Queensbury (Tax Map No.: 288-1-61);
to the Town of Queensbury’s Route 9 Sewer District, provided that if there is any increase in septic use
or additional bathroom facilities added, then such variance shall immediately terminate unless the
Queensbury Town Board review and approves a new application for a variance/waiver, and
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BE IT FURTHER,
RESOLVED, that the Town Board authorizes the Town Supervisor, Wastewater Director
and/or Town Fiscal Manager to take any actions necessary to effectuate the terms of this Resolution.
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Duly adopted this 2 day of July, 2007 by the following vote:
AYES : Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough, Mr. Brewer
NOES : None
ABSENT: None
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