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The Martha's Vineyard Times

The Martha's Vineyard Times is a weekly publication.
March 10 - March 16, 2005 Edition
Web Comments - Email Submissions

EDITORIAL
Selectmen must act
March 10, 2005

Oak Bluffs selectmen appoint the town building inspector. His performance reflects on them. His performance in the matter of Joseph Moujabber's three-story garage with balconies and a roof deck, built earlier this year to replace a single-car garage on Seaview Avenue Extension, reflects poorly on zoning inspector Richard Mavro and his bosses.

Now there is the matter of the Circuit Avenue building razed without a permit, when historic district rules and Martha's Vineyard Commission review, in addition to ordinary building rules, ought to have been invoked before any work was done.

Ezra Blair, a Times reporter, tells us that Gene Erez, the owner of the property, told the selectmen that he plans to rebuild the structure in a way that is faithful to its original 1870s appearance. Mr. Erez said he has consulted with the town historic commission, with the building inspector and with the MVC. He'd like to start by pouring a foundation to counter likely erosion while his plans are reviewed. Understandable.

Last week the selectmen, appalled by the failure of oversight in the matter of the 127-year-old building at 45 Circuit Avenue, which is now a hole in the middle of the town's business district, instructed Mr. Mavro to refer plans to replace the building to the Martha's Vineyard Commission, and to do it immediately.

The referral occurred on March 1, just as the selectmen ordered, but by then it was too late, of course. According to town records, Mr. Mavro had asked the MVC whether the Erez project should be referred to the regional agency, and on Feb. 22, Paul Foley, developments of regional impact coordinator at the MVC, wrote to the Oak Bluffs inspector to say that, yes, it should.

The selectmen's action last week, certainly called for, does not remove the onus of responsibility for this cock-up from Mr. Mavro, or from the selectmen themselves as the town's chief executives and appointing officers.

As we wrote on Aug. 5 in this space, the selectmen face a steep challenge, and that is to fairly evaluate the professional performance of their building inspector, knowing that what he does reflects on the town, and on their judgment and performance. The enormous discrepancy between the garage being replaced, the new garage first contemplated, and the giant, multi-purpose three-story structure that resulted, and now the historic building demolished without permit or review, suggest, in sum, that there were clear grounds for the building inspector to have acted preemptively in each instance. That he didn't is an unmistakable signal that a full audit of his historical performance in his job must be undertaken. And not by the selectmen, either, but rather by an independent agent retained by them who is knowledgeable about building and zoning rules and the general laws governing permitting under those rules.

It's all fine to blister Mr. Mavro about his shortfalls and to take an authoritative stance in the aftermath, but the selectmen, chief executives of Oak Bluffs, are directly responsible for the performance of their appointee, and they owe themselves and Oak Bluffs residents a careful accounting and, if necessary, redress.
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