Penalties, Deadlines Loom Over Builder

By JAMES KINSELLA

Gene Erez was in a hurry to renovate 45 Circuit avenue in Oak Bluffs
so that the building would be ready for the summer season.

But the Oak Bluffs builder, who ended up demolishing the historic
structure without a permit, may be running out of time.

Mr. Erez still is trying to move as quickly as possible to get the
necessary permits in hand and start building a structure that will
largely replicate the former Army Barracks building, originally
constructed in the 1870s.

In 1978, the Oak Bluffs Historical Society assessed the building at
45 Circuit avenue in this way: "This building is significant as an
example of early architecture which has remained essentially intact,
closely resembling old photos of it taken in the late 1800s."

Now, however, the Erez project is closing in on a town bylaw that
prohibits such construction on Circuit avenue after May 15.

Also, the Martha's Vineyard Commission took up review of the
project last night. Building inspector Richard Mavro was ordered by
selectmen on March 1 to refer the project to the commission.

According to a commission staff summary, the original two-story
building housed a retail store and a seasonal four-bedroom apartment.
The proposed three-story building would have two retail stores and three
year-round apartments: two with two bedrooms and one with one bedroom.

The old Army Barracks building was 2,980 square feet in area. The
new building, on a slightly smaller footprint, would increase to 3,566
square feet.

The MVC last night approved the project with conditions.

They essentially called for the project to meet requirements imposed
by the Oak Bluffs board of selectmen with an eye toward minimizing
disruption in the downtown during the project.

The commission also required Mr. Erez to obtain a certificate of
occupancy within 15 months of securing a building permit, and either
contribute $1,783 toward affordable housing on the Vineyard or arrange
for one of the apartments to become long-term affordable housing.

On Tuesday night, Mr. Erez came before the Oak Bluffs selectmen to
update them on the project. He reported that the Oak Bluffs historical
commission had approved his architect's design for a new building.

"You'll be very happy," commission member Renee
Balter said about the design, which she said received unanimous approval
by the commission. "It's very handsome. It will look as good
as the original building."

The builder said he also has received permission from the wastewater
commission to add a bedroom to the property.

"My goal is to get the two retail spaces open, and finish the
building in the fall," said Mr. Erez, who said he planned to
complete the shell this spring but not tackle interior work above the
first story until after the summer.

Selectman Richard Combra said that Mr. Erez needed to coordinate the
work with the police and highway departments, citing public safety
concerns.

Board members said they wanted to help move the process along and
voted 5-0 to give chairman Roger Wey authority to act on its behalf on
the matter between regular board meetings.

But Mr. Combra also pointed out that Mr. Erez's timetable will
likely bump up against a town bylaw that bans construction work on
Circuit avenue after May 15. He said he believes that Mr. Erez
wouldn't be able to finish the project in time.

"That building is not going to be in business this
summer," he predicted.

Mr. Combra also questioned how much effort selectmen should expend
on Mr. Erez's behalf, given that other businesses in Oak Bluffs
are following the town's rules, yet may be affected by the delayed
project.

Selectman Kerry Scott also expressed concern about how the work may
affect nearby businesses. "It's been a very tough winter for
all the businesses on the Island," Ms. Scott said.

The board decided to postpone a discussion on what penalty to assess
Mr. Erez for doing work on the original building and then demolishing it
without any written permits. Building inspector Richard Mavro has said
he had given Mr. Erez a verbal approval to do exploratory interior
demolition, but nothing more. Mr. Erez had said he wanted to complete
the renovation project by the start of the summer season.

Although Mr. Mavro could fine Mr. Erez up to $300 a day for each day
a violation is present, he chose to fine him a total of $300.

Mr. Wey asked Mr. Erez to return to the board's next meeting,
on March 29. Mr. Erez said he will be off-Island and agreed to send a
representative and his architect to the meeting.