Voters passed Article 51 which empowers the town to proceed with the taking of the Island Theatre by eminent domain. —Dena Porter 
Island Theatre co-owner Brian Hall spoke of the extensive weather damage to the building among other challenges. —Dena Porter 
Island Theatre co-owner Ben Hall, Jr. explained that the building is structurally sound and is not condemned. —Dena Porter 
Billie Jean Sullivan shared her concerns about the allocation of a lot for public parking when there’s a shortage of parking for locals and business owners in Oak Bluffs. —Dena Porter 
Given the damage to the front end of his vehicle, Chef Deon Thomas asked for a more timely addressing of the pothole issues rather than expending more monies to study the situation. —Dena Porter 
Although voter turnout was lower on the second night of town meeting, a number of them lined up to express their concerns as articles opened for discussion. —Dena Porter 
The Island Theater located on Circuit Avenue. —Sarah Shaw Dawson
Oak Bluffs voters will decide at the polls today whether or not the process of seizing the dilapidated and controversial Island Theatre by eminent domain will be ratified.
A major decision was made on Wednesday during the second night of the Oak Bluffs town meeting at the local high school’s Performing Arts Center (PAC). In a 164-31 vote, residents approved allowing the town to proceed with the eminent domain process to take the Island Theatre, which has sat empty at the entrance of Circuit Avenue in the heart of downtown Oak Bluffs, for over a decade.
The town seeks to appropriate up to $5 million for the eminent domain process, which includes various costs like initial improvements, legal fees, planning, and demolition of the theater, but the actual development of the property is not included. Buying the theater is still on the table, and Benjamin Hall Jr. and Brian Hall, who own the building, said the asking price is $2.8 million.
“This is a great opportunity, as a community, to develop something we can all be proud of,” Dion Alley, Oak Bluffs Select Board chair, said.
But what the town will actually do with the property remains uncertain. Alley said the town couldn’t move forward with plans without hearing the will of residents, but a town committee would be formed, and any proposal would require voter approval. “This is the voter’s decision. You tell the board what you want us to do, and we’ll go do it,” Alley said.
Whether the town seizes or buys the theater, voters will need to approve raising the amount the town can collect through property taxes for this endeavor at the annual town election on Thursday, which takes place from 10 am to 7 pm at the town library. Alongside the Island Theatre ballot question, residents are also voting on a $1.9 million override for the budget.
Michael Goldsmith, town counsel, said during the town meeting on Wednesday night that if eminent domain was initiated the Halls would be compensated for the property’s appraisal value, but the process will take years to complete. And the Halls have a right to challenge the town’s decision, an act they’re no strangers to. The Halls unsuccessfully tried to block Edgartown’s 2017 decision to take the Yellow House through eminent domain in court; the building is now a Lululemon store.
The Island Theatre was once a hub for moviegoers and used to be called the Eagle Movie Theater, built in 1914 in a colonial revival style, according to its Massachusetts Cultural Resource Information System listing. But it’s long past its heyday and has been a source of frustration for the town, being previously labeled as unsafe in 2016, which led to court-ordered work to make the building structurally sound the following year.
Benjamin Hall Jr. and Brian Hall admitted that the property has been an eyesore to downtown Oak Bluffs but pushed back by saying there were factors outside of their control, from significant damage caused by storms to the decline of the single-screen movie theater industry.
Brian Hall urged the town not to take the building, expressing confidence it would be better utilized under a private buyer. The Halls underscored that there has been interest in the property, but potential buyers, who could make it into a business like a restaurant or a boutique hotel, were deterred after finding out about the uncertainty related to wastewater availability. Brian said the building should be used as a grand centerpiece for the town, like a restaurant or a hotel, “not just another welcome center, not just a little park.”
“It is the heart of the town. It should be like an old Tivoli building or something like that. It should be a grand lady, which is reflective of what Oak Bluffs is all about,” Hall said, referring to one of the former hotels that were common in the town’s past.
Hall promised to “beautify” the theater for the upcoming tourism season.
“If I break my promise, and it doesn’t happen, you can always come and take it back,” he said.
Benjamin also said the town had not approached them about buying the property.
But voters on Wednesday were undeterred and highlighted that the Island Theatre was unsightly and was a poor first impression of the town since the property is one of the first buildings visitors see entering the downtown area.
“I’ve been here 26 years, and I’ve heard nothing but ‘Something’s got to happen to this building,’” Christine Todd, Oak Bluffs resident and Dukes County Commission chair, said.
There was consideration to amend the warrant article to lower the amount being asked by the town to $2.8 million, but select board member Thomas Hallahan said that would restrict what the town could actually do with the property. The amendment didn’t pass.
Meanwhile, another issue that raised controversy was over a proposed bylaw to limit the number of large events residential properties could hold with 50 or more guests. Voters came to the mic to chastise the bylaw, saying it was too broad and vague.
Leah Brown, voter and member of the Oak BLuffs zoning board of appeals, said she’d be “embarrassed” to send the proposed bylaw to the attorney general, whose office reviews bylaws passed in town meetings before they can be enacted, calling the bylaw essentially a “pre-approval of lawful activities.” She also said the requirement for organizers to tell the select board of events 45 days in advance was too restrictive.
Voters also highlighted that restricting large events would harm the fabric of Oak Bluffs’ character, where many grassroots efforts have taken place.
“We pop up. We do things in the spirit of the moment. Those are the best events. Those are where we raise the most money,” Brown said.
Keija Minor, a voter, pushed against the bylaw and underscored that the midterm elections were coming up in November.
“To drop this on the citizens of Oak Bluffs right before the midterms is hindering our ability to raise money and support causes and concerns and candidates we believe in,” she said.
The proposed bylaw was ultimately tabled.
The town also approved various expenditures, the biggest of which need to be approved at the town election: up to $1 million for flood resiliency improvements for the pump station on Dukes County Avenue and up to $825,000 to design and engineer sewer extension in the Lagoon Pond watershed and wastewater upgrades.