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364.2005 RESOLUTION APPROVING THE GREAT ESCAPE THEME PARK’S APPLICATION FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER CONNECTION REQUIREMENT SET FORTH IN TOWN CODE CHAPTER 136 – SEWERS AND SEWAGE DISPOSAL RESOLUTION NO.: 364, 2005 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136 to issue § 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 Town Board § for a variance/waiver from 136-44, as the Great Escape requested an extension of time until May 2007 (2007 Season) 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 is presently undergoing 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 8,000 feet of collection sewer to serve approximately 60 separate facilities, as more fully set delineated in Jarrett-Martin Engineers, PLLC’s st June 1, 2005 letter and application, and WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to the Great Escape and the st Town Board conducted a hearing concerning the variance/waiver request on August 1, 2005, 1 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 Queensbury Town Board hereby approves the Great Escape Theme § 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 an extension of time until May 2007 (2007 Season) in which to connect the following properties to the Town of Queensbury Route 9 Sewer District: 1.The former Zoological Park, 1120 State Route 9, Queensbury (Tax Map No.: 295.12- 1-4); 2.Samoset Cabins, 1299 State Route 9, Queensbury (Tax Map No.: 288-1-61); 3.Martha’s Ice Cream & Motel, 1133 State Route 9, Queensbury (Tax Map No.: 295.12-1-3); and 4.The Great Escape Theme Park, LLC, 1172 State Route 9, Queensbury (Tax Map No.: 288.20-1-20); and BE IT FURTHER, 2 RESOLVED, that the Town Board authorizes the Town Supervisor, Wastewater Director, Deputy Wastewater Director and/or Budget Officer to take any actions necessary to effectuate the terms of this Resolution. st Duly adopted this 1 day of August, 2005 by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None 3