MASSENA CENTER - The case in town court against a Massena man is moving forward after town council members elected to not accept a settlement agreement from his attorney during a special meeting held Tuesday night.
We didnt feel any action was warranted because the case is still pending and the zoning board of appeals has made its decision, Town Supervisor Joseph D. Gray said, referring to the case against John Kearns, of 626 County Route 42.
Code enforcement officials charged Mr. Kearns earlier this year with violating a stop work order.
Explaining the situation, Mr. Gray said, He had originally sought a variance to build a two- car garage.
That variance was denied according to Mr. Gray, who added he then sought permission to build a one-car garage on the parcel.
In July he was given authority to build a one-car garage, as long as the foundation for the two-car garage was removed. To date, the foundation, which Mr. Kearns is now calling a retaining wall, stands on the property.
According to a statement from Mr. Kearns neighbors, Debra and Michael Kormanyos, the foundation is within five feet of their property line.
He did not build a retaining wall. This is a garage foundation complete with all the openings for a doorway. And again, approximately five feet from our property line, the couple wrote.
When Mr. Kearns and Sarah Cardinell purchased the property, they demolished a previously existing home and were given a building permit to build on that propertys original footprint, giving them the authority to construct the home which now stands on the property.
He was issued a building permit for something other than what hes building, Mr. Gray said.
Code Enforcement secretary Avis Hazelton said that while Mr. Kearns was given permission to build a one-car garage a permit for that construction has yet to be issued.
Well see what happens with the citation, and we expect the zoning board of appeals decision to be upheld, Mr. Gray said.
The towns code enforcement officer, Peter Devine, sent Mr. Kearns correspondence last week indicating no building permit would be issued at this time.
Earlier this summer Mr. Kearns appeared before the town board to seek their help in moving forward with construction. At that time he was told the board would discuss the matter with Town Attorney Eric J. Gustafson before making any decisions on the matter.
We discussed it with our attorney and it was determined there was no further action for us to take right now, Mr. Gray said.
Mr. Kearns and his attorney appeared before Massena Town Justice James M. Crandal on the stop work order violation Wednesday afternoon. The case was adjourned until November, with the possibility for a pre-trial conference later this month.