By ANDY GARDNER

MASSENA -- Two Massena residents will be prosecuted for violating local zoning laws after town officials took no action over a proposition to resolve the case out of court.

The Town Council held a special meeting on Tuesday night to discuss a settlement regarding the case against Sarah L. Cardinell and John Kearns, who live at 62 County Route 42, Massena Center.

Town Supervisor Joseph Gray said the pair is facing the zoning violation charges because they were ordered to cease construction of a garage in July, but the construction continued. He said the Zoning Board of Appeals had ruled that the building was too close to the property line and refused to grant a variance.

“There was a possibility we could reach some sort of agreement to withdraw charges for violating the stop work order,” Gray said. “The board took no action.”

Gray would not discuss the specifics of the settlement offer, which had been passed to them by Roger Linden of Potsdam, legal counsel for Cardinell and Kearns.

“This reinforces the importance of building codes and why we have them and why they need to be followed,” Gray stated, adding that they are intended maintain “integrity of the neighborhood” and to stop neighboring properties from encroaching on one another.