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Code officer orders halt on Canton plaza fence
By MARTHA ELLEN
TIMES STAFF WRITER
THURSDAY, AUGUST 7, 2008

CANTON — Construction of a fence to cut off a business in Midtown Shopping Plaza from the parking lot was halted earlier this week by a stop-work order issued by the code enforcement officer.

Plaza owner Garry L. Cohen, New York City, said he may sue the village so he can proceed.

"It looks as if I've been backed into a corner," he said. "Whenever something gets agreed upon, it gets unagreed upon."

The stop-work order issued by Code Enforcement Officer Russell B. Lawrence III is the latest development in a long-running dispute among Mr. Cohen, New York City, and Aubuchon Realty Co. over parking fees due Mr. Cohen. Aubuchon closed its hardware store in the plaza last year, but is leasing the building, which it owns, to Fashion Kraze and Videolicious.

To make it clear that customers of the businesses weren't welcome to park in his lot, Mr. Cohen decided last winter to install a chain-link fence at the entrance to the building. Patrons would still be able to enter the building from the store's walkway at Miner Street.

The village approved a permit for the fence if it had a 10-foot-wide opening in case of emergency. Mr. Cohen wanted something more restrictive, so he filed for a hearing before the village Zoning Board of Appeals. Interim Code Enforcement Officer Lyal L. Newvine, who took over briefly when Anthony M. Caracciolo resigned, determined that Mr. Cohen didn't need a permit.

Mr. Newvine worked out an arrangement for a 6-foot gate in the fence and a key for the Canton Fire Department.

Mr. Lawrence took over the job of code enforcement officer and was at a training session when Mr. Cohen had a contractor start work. The village has opposed the fence as bad for business and Mayor Charlotte C. Ramsay spoke with Fire Chief Michael E. Dalton as holes were dug for posts.

"He told me he had never changed his mind about the need for a 10-foot opening but he had been overruled by Lyal," Ms. Ramsay said.

After consulting with Mr. Dalton and village attorney Gerald J. Ducharme, Mr. Lawrence asked Mr. Cohen to stop work until his return. The contractor had time constraints so Mr. Cohen told him to finish putting in the posts. Mr. Lawrence then issued the stop-work order.

"The code is simply stated and I have to interpret the code," Mr. Lawrence said. "State fire codes come into consideration."

Because of fire limits where buildings are near each other — such as throughout downtown — village code requires a permit for any structure of any magnitude, Mr. Lawrence said. If Mr. Cohen provides him with a plan, he will make a recommendation to the village Board of Trustees for its review at a meeting Aug. 18.

Ms. Ramsay said she understood Mr. Cohen's predicament but added the village has its own concerns.

"Mr. Cohen has purchased material and thought he had the go-ahead," she said. "The village needs to do what it needs to do to satisfy itself that there's a safe way to get out in case there's an emergency in the store."

Mr. Cohen said he doesn't believe the village can make him liable for property he doesn't own.

"It seems that they're saying it's my responsibility to provide for the fire safety of an adjacent building," he said. "I've got a problem here. It looks like this thing is going to go in front of a judge."

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