382.2008
APPROVING
RESOLUTION
GREAT ESCAPE THEME PARK’S APPLICATION FOR THIRD
VARIANCE/WAIVER REQUEST FROM SANITARY SEWER
CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER
136 – SEWERS AND SEWAGE DISPOSAL
RESOLUTION NO.: 382, 2008
INTRODUCED BY: Mr. John Strough 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) applied to the Local Board
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of Health for a third variance/waiver from 136-44, as the Great Escape has requested an 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 800± additional feet of collection sewer to connect
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its remaining facilities, as more fully set delineated in Jarrett-Martin Engineers, PLLC’s July 18, 2008
letter and application presented at this meeting, 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, August 18,
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2008,
NOW, THEREFORE, BE IT
RESOLVED, that
a) due to the nature of the variance/waiver request, the Queensbury Town Board determines
that the temporary granting of 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 Queensbury Town Board hereby approves the Great Escape Theme
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Park, LLC’s application for a variance/waiver from Queensbury Town Code Chapter 136, 136-44
“Connection to sewers required” and hereby grants the Great Escape Theme Park, LLC a one-year
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extension of time or until August 18, 2009 in which to connect the Great Escape & Splashwater
Kingdom property located at 1172 State Route 9, Queensbury (Tax Map No.: 288.20-1-20) to the
Town of Queensbury’s Route 9 Sewer District, provided that if there is any change in property use,
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
BE IT FURTHER,
RESOLVED,
that the Great Escape Theme Park, LLC shall pay all charges due as if its
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property was connected to the Route 9 Sewer District, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes the Town Supervisor, Wastewater Director
and/or Town Budget Officer to take any actions necessary to effectuate the terms of this Resolution.
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Duly adopted this 18 day of August, 2008 by the following vote:
AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT: None
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