ZBA lifts construction ban, plans action against contractor

A Shelter Island couple won’t have to suffer the consequences of actions undertaken by their contractor.

But the contractor could face repercussions from his handling of their house expansion project in Silver Beach.

The Zoning Board of Appeals, at its August 21 work session, unanimously agreed to lift the stop work order on the house at 12 North Silver Beach Road belonging to Maia and Michael Ietta. But it will file a complaint against contractor Bill Gorman with the Shelter Island Licensing Review Board, charging that he made promises to the ZBA, the town building inspector Bill Banks and the Iettas — promises the ZBA said he failed to keep.

At issue was ZBA approval of a 2012 plan to allow the couple to expand their house, doubling what was a 2,000 square foot structure. The Iettas needed a special permit because they would be reconstructing more than 50 percent of the house and they needed a front lot variance to undertake the project. In October 2012, the ZBA gave them the go-ahead, but cautioned Mr. Gorman that if he discovered it would be necessary to take original walls down to the foundation, it would trigger a new hearing.

The Ietta’s attorney, John Bennett, argued in July that the walls came down to the deck, not the foundation.

ZBA chairman Douglas Matz said he was clear about the intent of the approval and what would trigger a revisit to the board. He credited Mr. Banks with making an extra effort to visit the site and speak with Mr. Gorman about returning to the building department if demolition work became more extensive than outlined in the application. But Mr. Matz also cautioned his fellow ZBA members that they need to be very careful about the language used in decisions so there can be no misinterpretation of what is intended. Decisions have become much more specific than they were years ago, Mr. Matz said.

“We’re getting better at resolutions,” he said.

In this case, in addition to the written approval there were verbal discussions with Mr. Gorman, both by the ZBA and Mr. Banks, but the written decision failed to specify exactly how much demolition would be too much, which triggering a rehearing on the application.

Mr. Gorman said he’s “very relieved” that the ZBA would allow the Iettas’ construction project to proceed, but during a telephone interview last Friday, he said he was reluctant to comment on the ZBA intent to report him to the  Licensing Review Board.

“I acted in good faith,” Mr. Gorman said, indicating he would have more to say if charges are, indeed, filed with the Licensing Review Board.

Mr. Gorman told the ZBA last month he had acted in good faith. He couldn’t be reached for comment Thursday morning.

Ms. Ietta told the ZBA in July it would cost $76,690 to make corrections. The board noted the cost and also said it would be unfair to neighbors who would have to endure a lengthy period of inactivity on the project.

“An unfinished project sitting still is not good for the neighborhood,” Mr. Matz said

Plus there would then be a prolonged period of construction and noise. Refusing to lift the stop work order could also engender an Article 78 filing that would take the case to court, causing more disruption for the town, the Iettas and the neighbors, Mr. Matz said.

Town attorney Laury Dowd was to structure the specific approval for the work to continue. It was slated for approval at the August 28 ZBA meeting.