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. |