Heading off an April trial, Brookfield trustees have settled a lawsuit they had filed against a developer building a gas station and convenience store on Irvine Avenue/Route 62.
Trustees sought to prohibit the use of Dutch Lane as a secondary access point to the property, citing traffic and safety concerns. Route 62 has always been the intended main way in or out of the property. By the orientation of the building, it appears vehicles going through the drive-through would exit onto Dutch Lane, adding up to 150 cars a day using Dutch Lane – according to the developer’s estimate – said Trustee Dan Suttles. Dutch Lane is not a “normal” roadway as it is 19.15 feet at its narrowest point and 21.31 feet at its widest, he said.
Under the terms of the settlement with property owner Amira Omran LLC of Boardman, the store will not have a drive-through window, Suttles said. The developer also will put up signs saying that gasoline tankers, delivery trucks and other commercial vehicles are not to use Dutch Lane, and will inform trucking companies and drivers of that fact, but will not be responsible for enforcement of the provision. “He’s not gonna stand up there and wave his arms and tell them they can’t use the roadway (Dutch Lane),” Suttles said.
The terms agreed to will “go with the land” meaning that if Amira Omran sells the property the new owner will not be able to put in a drive-through window and must not encourage commercial vehicles to use Dutch, Suttles said.
Suttles and Trustee Shannon Devitz agreed to the settlement March 31 following an executive session with attorney Cherry Poteet. Trustee Mark Ferrara was absent. The trial had been set for April 27.
