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Plaza's owner to install new fence
DISPUTE SIMMERS: Store in former Aubuchon building to be blocked off
By MARTHA ELLEN
TIMES STAFF WRITER
MONDAY, MAY 12, 2008

CANTON — The owner of Midtown Plaza will soon install a chain-link fence to make it clear patrons of a particular store aren't welcome to park in his lot.

"We'll have something built that separates the properties," strip mall owner Garry L. Cohen, New York City, said. "I think it should do the job."

Mr. Cohen and Aubuchon Realty Co. have a long-running dispute over parking fees. Mr. Cohen owns the lot and a number of properties in the plaza. Aubuchon owns the building that housed its hardware store, which closed last year. Aubuchon has since leased the building to Fashion Kraze.

Three years ago, Mr. Cohen hemmed in the Aubuchon building with orange snow fencing as a way of blocking off the store from the parking lot, but it was knocked down. Earlier this year, the village approved a permit for a more permanent fence if it had a 10-foot wide opening in case of emergency.

That wasn't what Mr. Cohen had in mind, so he filed for a review before the village Zoning Board of Appeals, paperwork that interim Code Enforcement Officer Lyal L. Newvine discovered when he recently took over the office.

Mr. Newvine, who has been Canton's code enforcement officer in the past, had a different take than Anthony M. Caracciolo, who left for a position at SUNY Canton.

"There was nothing to appeal. Our regulations don't require permits," Mr. Newvine said. "There was nothing I could see in the law. If a guy wants to put a fence on his own property, there's nothing we can do."

Fire Chief Michael Dalton amended its requirements to a six-foot opening with a gate and key for the department.

Mayor Charlotte C. Ramsay said she understands Mr. Newvine's position but is bothered by how the fence will look.

"Lyal feels it's a very tricky area for the village. His opinion is we really don't have any legal basis in denying Garry Cohen the right to build the fence," she said. "Obviously, it's not in Canton's best interest. I'm concerned about the message it sends. It'll certainly generate a lot of comment."

Ms. Ramsay said she has talked with both Mr. Cohen and Aubuchon but neither seems willing to budge.

Patrons of Fashion Kraze will be able to enter the store's walkway from Miner Street. There won't be anything stopping motorists from parking in front of the store and walking around, but Mr. Cohen said he will put up signs.

"I assume there'll be some level of enforcement," he said. "When people see the signs, they'll understand it's a good idea to park elsewhere. We'll see how it works. Maybe Aubuchon will decide they want to pay."

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