CORTLAND Council accepts development plan as city mulls building turnaround

A developer submitted plans for fixing neighborhood drainage problems.
By STEPHEN SIFF
VINDICATOR TRUMBULL STAFF
CORTLAND -- The city will consider building a car turnaround at the end of a street in a new development despite municipal regulations that make it the developer's responsibility.
Council accepted the most recently completed section of Walnut Run Estates, off Main Street, despite a dead-end street that does not have the cul-de-sac or turnaround required by the city's subdivision regulations.
"By approving the resolution, we, as a body, will be violating our city's subdivision regulations," said councilwoman Deidre Petrosky, who, along with council president Diana Sweeney, voted against the measure Monday night.
The rest of council accepted the development for a one-year probationary period because the plans -- although not in compliance with city regulations -- apparently were approved by the city's zoning and planning commission in 1997.
Copy of map found
A copy of the map with former commission chairman Dave Robison's signature was found on file, but there are no records of the plat being discussed in a public meeting, Mayor Curt Moll said.
City officials agreed the map does not meet regulations, in place since 1995, which require developers to build turnarounds on dead-end roads that they plan to extend and cul-de-sacs on roads which they don't.
Two houses are on a section of a Glen Eagle Road which ends without any turnaround. There has been no construction on the street since 1999, but Mellott Construction of Cortland, the developer, says it eventually will be continued for another phase of the development, city officials say.
By accepting the road, the city takes on its repair and maintenance responsibility.
Councilman Michael Hillman said he voted to accept the road because law director Patrick Wilson advised that if council rejected it, the developer could sue and win.
It would probably be cheaper for the city to build the turnaround than defend itself on a losing case, he said. Officials could not estimate the cost of building a temporary turnaround, an expenditure which would have to be approved through legislation.
Plan for drainage problems
Council also learned that developer Anthony Petrocco submitted a plan last week to fix drainage problems in the city's Shepherds Hill neighborhood.
After flooding in the area this summer, city consultants concluded that the system Petrocco installed in the subdivision did not match with approved plans. Petrocco's remedial plan is under review by the same engineering firm, MS Consultants of Youngstown, Wilson said.
Service Director Donald Whittman said Petrocco's plan dealt primarily with widening a ditch and culverts to allow rainwater from the development to flow more quickly to Confusion Run, near state Route 305.
The developer also will consider laying more asphalt on roads to prevent water from pooling, Whittman said.
"We'll see what that does for now," he said. "We have to see what the effect of the intermediate solutions are to see if anything else will have to be added in the future."
The city hopes to maintain Petrocco's cooperation by proceeding in phases, he said. The next phase to consider would be improving how run-off from the area is retained in ditches.
The city and developer also plan to discuss replacing undersized storm sewers. Plans for the development called for storm sewers that would be filled to maximum capacity by the kind of storm that strikes every 10 years, Whittman said. The size pipe that was used might be filled by a major storm that comes every two years, he added.
siff@vindy.com