Plaza fence proposal rejected by Canton Planning Board

CANTON — The village Planning Board unanimously rejected a plan Tuesday for a fence in front of two businesses in Midtown Shopping Plaza.

"In this case, fences do not make good neighbors," said John S. Mikolay, property manager for buildings in Canton and Potsdam owned by Aubuchon Realty Co. "My impression is this fence serves no positive purpose. It inflicts suffering to two hopeful businesses."

Plaza owner Garry L. Cohen, New York City, has tried since January to win approval to build the fence. Mr. Cohen wants the fence in front of Videolicious and Fashion Kraze because of a parking dispute with Aubuchon, which owns the building.

Mr. Cohen said he wasn't sure what he would do next.

"I don't know how I'm going to pursue my remedies," he said. "Aubuchon seems to think it can use the lot as if it's theirs."

Village officials have made it plain they oppose the fence as bad for business and have already begun to search the code to see if they can prevent Mr. Cohen from piling snow in front of Fashion Kraze and Videolicious.

"I don't have an obligation to clear that area," Mr. Cohen said.

Mr. Cohen said he wasn't going to lose parking spots elsewhere in the lot for snow storage to accommodate businesses in the Aubuchon building.

Village planners followed the recommendations of the county Planning Board, which found the proposed fence detrimental to the appearance of the shopping plaza and to economic development, and that it limited access to an adjacent site. County staff also found that the fence would hinder pedestrians and that it could set an unfortunate precedent.

However, Mr. Cohen said the comments presume that the stores have a right to use his lot.

"This directly contradicts a ruling in 2002 from the New York state Supreme Court denying Aubuchon's claim of a right to the entire lot through adverse possession," he said.

The village Planning Board also heeded the recommendations of Fire Chief Michael E. Dalton, who had wanted 10-foot openings in the fence in front of both businesses. Fashion Kraze manager Ramona J. Anson echoed Mr. Dalton's point.

"Our main concern is the safety of customers and the employees," she said. "Mr. Cohen is not helping the community."