<p>Under court order and on the verge of the busy summer season, the owners of the Island Theatre on Circuit avenue have agreed to take action to repair the run-down building.</p>
Under court order and on the verge of the busy summer season, the owners of the Island Theatre on Circuit avenue have agreed to take action to repair the run-down building that has been declared a threat to public safety.
A stipulated preliminary order signed in court Thursday afternoon provides a timeline and outlines repairs that must be taken by members of the Hall family, who own the building in a trust. The agreement comes three days after the town filed a complaint asking the court to compel the Halls to repair the vacant theatre.
The Hon. C.J. Moriarty, an associate justice of the superior court, said from the bench in the Edgartown courthouse Thursday that he hoped the Halls would comply with the order. “I did take the time to read the papers of the case before today and it raises some serious issues of public safety,” he said.
Attorney Kevin Cain, representing the Hall family, said he would deliver a progress report next week.
Attorney Kevin Cain, representing the Hall family, said he would deliver a progress report next week.
The historic theatre has been a topic of discussion in Oak Bluffs and a source of concern for town officials for the past several years. The town complaint describes its as “a defunct, structurally unstable, and neglected movie house” that is a public nuisance. The building inspector has raised concerns that the building could collapse in high winds.
The order for repairs was the result of an agreement between town counsel Ronald H. Rappaport and Kevin C. Cain, a Canton attorney representing the Hall family. Benjamin L. Hall, Brian M. Hall, and Benjamin L. Hall Jr. are trustees of the Lucky 7 Realty Trust, which owns the Island Theatre. They did not appear in court Thursday.
“I am pleased and relieved that we have reached a stipulated preliminary order that counsel has signed,” Mr. Rappaport told the judge during the brief hearing. “Thank you attorney Cain . . . who has been a pleasure to deal with,” he said. The Halls are required to present a written report by next Wednesday that outlines plans for repairs, identities of contractors, and estimated start and completion dates for certain repairs.
Judge Moriarty said he expected Mr. Cain to return to court if the report is not ready in time. Mr. Cain said he would send a status report, “no question about that.” He added that he was on his way shortly to meet with the engineer working on the theatre.
According to the preliminary order, a temporary plan for internal wood framing to be tied to roof trusses and walls has been created by Reid Silva, an engineer hired by the Halls.
Complaint filed by town calls the Island Theatre a public nuisance.
Complaint filed by town calls the Island Theatre a public nuisance.
The agreement also calls for the Halls to make their best efforts to complete construction within three weeks of the building permit being issued, and to provide contact information and authorize communication between any contractor and town officials. Upon completion of construction, the agreement states, the defendants will paint the front of the building, which faces Circuit avenue.
Thursday’s agreement will put repairs to the dilapidated theatre on the fast track after years of back and forth between the town and the Hall family, and after a failed effort at the Oak Bluffs annual town meeting in April to have the town fund temporary repairs.
A 13-page complaint filed May 15 by town counsel on behalf of former building inspector Mark Barbadoro and the town of Oak Bluffs recounts the past several years of concern about the theatre, which is between 80 and 100 years old (assessors records date the theatre to 1935; Gazette archives indicate it was built in 1915). It has been vacant for more than a decade.
In the complaint, Mr. Rappaport writes that the theatre is located on one of the busiest commercial streets in town, surrounded by sidewalks, busy restaurants, bars, and clubs, retail establishments, taxi stands, and other public areas.
Concerns about the theatre came to a head in the last year, after an independent structural engineer and a board of survey deemed the building dangerous under the state building code. The Halls were ordered to make repairs, the complaint states, but no action was taken in response to orders from the building inspector. Town selectmen later commissioned a report from a professional engineer, John Lolley, that outlined work required to brace the building’s walls and prevent collapse.
Town counsel Ron Rappaport.
Town counsel Ron Rappaport.
Meanwhile, debate in town included whether the theatre should be repaired or torn down, with some selectmen calling for demolition. At the time the building inspector, Mr. Barbadoro, noted that if nothing was done, the state Department of Public Safety could take the quickest or cheapest course of action, which could include shutting down surrounding streets.
The court complaint notes that Mark LaPointe, divisional inspector of the state Department of Public Safety, has advised the town to take action.
In April voters were asked to spend $200,000 to make temporary repairs in advance of the summer season. Following debate about the town’s course of action and who should pay, the article was defeated.
“The theatre’s load-bearing walls are deteriorated and crumbling, its interior rife with mold, and the exterior is in an extreme state of public disrepair,” the complaint filed this week states. “The defendants, the theater’s longtime owners, have publicly promised to undertake structural repairs but, despite numerous directives from the building inspector, have done nothing. Judicial intervention is now warranted to ensure that the public is not endangered.”
The complaint had sought an injunction “requiring the defendant owners . . . to take the necessary steps to prevent its collapse and the attendant injury or damage to the public or nearby property” and to impose daily fines of $100 dating back to Dec. 16.
The theatre owners are now under order, agreed to by all sides, to make the long-awaited repairs.
Earlier in the day, town administrator Robert Whritenour said the selectmen had authorized town counsel to get the Island Theatre structurally stable in advance of the summer season.
“We’re all about public safety, Mr. Whritenour said. “Taking strong action, not sitting back.”
Comments
They're not going to do
Barb Oak BluffsThey're not going to do anything.
They will do the minimum to
Peter West TisburyThey will do the minimum to comply with the court order...stabilizing an eyesore that will eventually collapse regardless.
12/16/17 to 5/17/17 = 153
skip OB12/16/17 to 5/17/17 = 153 days = $15,300 and counting...
Finally, after this family
Resident OakBluffsFinally, after this family has held the town of Oak Bluffs hostage for YEARS. It will still be a miracle if the Halls do what they are ordered to do. When have they ever listened before? What a shame for OB...with the state and town trying for years to get them to do something....to try and make Circuit Ave look better. Good luck with them doing anything now.
I still remember seeing A
Peter BaltimoreI still remember seeing A Hard Day's Night there in 1964 with Dorsey.
The Master Class in stalling
Dan Allen TisburyThe Master Class in stalling continues- the Halls in Town continue to make utter fools of the Town Hall
All that's changed is the
JB OBAll that's changed is the Halls have a new attorney. I hope he got a big retainer because this saga is far from over. It's taken years of neglect to get to this point. Do we really believe the Halls will be good owners and save their property in the next 3 weeks?
Saw Harry and the Hendersons
Ryan DCSaw Harry and the Hendersons in 1987
The agreement requires 'best
deshandra brown EdgThe agreement requires 'best efforts' by the Halls? Thanks for the laugh, we have seen their 'best efforts'= DO NOTHING. What a disgrace.
I won't hold my breath...
Kim Oak BluffsI won't hold my breath... unless I'm walking past that toxic building. I think very few of us believe anything positive will come of this agreement. Sad!
It almost seems like the
Islander TooIt almost seems like the Halls enjoy these games of chicken with the towns.
There must be some serious dysfunction there.
Otherwise incomprehensible.
Here we go again. Seriously
markHere we go again. Seriously how many times do you go down this road. The Halls will put a guy with a hammer up on the roof for a couple weeks, who will then disappear leaving the town right back where it started. Then 2 years from now they'll be back in court issuing another court order. Hopefully, the building doesn't collapse on someone in the meantime
They wont do anything and
H.M.S. EdgartownThey wont do anything and then will blame someone else: contractor wasn't available; the Town was too slow, or didn't, approve the permits; the engineer wasn't available; family member was sick; The moon was full; the dog ate my homework .........
The drama with the Halls is
TAD ChappyThe drama with the Halls is better than any movie that would ever been shown in their theatre.
Now is the time to stop this
Ted VHNow is the time to stop this circus. While I believe in the property owner rights, they have NO right to endanger the public. This has become a form of entertainment for the Halls. Sue them for alls costs incurred by the towns related to public safety.
My comment is no comment, for
Michael OBMy comment is no comment, for many reasons.
Delay,delay then delay some more.
It's a game to these people.
THE TOWN MUST NOT LET DOWN IT'S GUARD AND KEEP PUSHING.
Please just donate it to the
Peter Simon ChilmarkPlease just donate it to the MV Preservation Trust and then convert it into a first class music and dancing venue. The Preservation Trust takes great care and pride with restoring their acquisitions. This could be a win/win and help redeem the Hall family's disregard for their properties on our treasured Island.
GREAT idea -- best yet,
skip OBGREAT idea -- best yet, thanks!
Great idea Peter!!!
Amelie Loyot OBGreat idea Peter!!!
This article and nearly all
Josephine Oak BluffsThis article and nearly all the comments are ridiculously single sided. The Halls have done nothing but struggle through the toxic attitude created by this paper and a series of recalcitrant Building Inspectors to try to remedy the situation for years. They have been working on an engineering solution to save the building from demolition in full cooperation with the current inspector. Right on the verge of getting agreed plans for a building permit which was applied for before suit was filed, the Town brought the suit. This is grandstanding and an effort to try to actually derail the good faith efforts. Will any contractors be willing to help stabilize this building now that there's all of this criticism and pressure... I pray there will be some! Remember the order of the former building inspector to stop all work when they were working on the roof and it was open to the weather! They couldn't even close it up! Who caused the large measure of damages that are being suffered and have been the focus of the new inspector? The former Town official! Thankfully the state overturned the building inspectors order so the roof could be completed but not until after a lot of real deterioration had occurred. I know the Halls and others in the know have tried to correct the record of utter omission of this paper... and the Editor has just refused to even post the replies! Let's be fair here!
Here, here!!!!
Hennessy TisburyHere, here!!!!
Oh my dear, you must be
Michael OBOh my dear, you must be joking; or a Republican.
Josephine, the Halls have
Jason OBJosephine, the Halls have burned many. The only licensed contractors that will likely take this job are ones that will want a hefty deposit up front. No contractor will want to take this project on and then have the Halls, or Lucky 7, or whatever entity they're using go in to bankruptcy and then get stiffed for their work. The real insight will be whether the Halls have the actual cash on hand to pay the people doing the work.
How can it be that the Town
Douglas West Oak BuffslHow can it be that the Town and its legal counsel have -- for ten years -- been so ineffective in making the Halls accountable or otherwise resolving this situation? Shame on the Halls. But shame on us too for not protecting our community and the public interest from the Hall's irresponsible behavior.
Or make it an old time movie
David OBOr make it an old time movie house. Marx Bros, 3 Stooges, Laurel and Hardy, The Little Tramp,etc. To get in the mood for historic OB.
Or tear it down for a moped demo/test track. Just kidding!
Has a third party engineering
Miked WTHas a third party engineering firm reviewed the stabilization plans and opined.
A bandaid is not going to work here.
I thought the idea here is to make the building habitable again.
What a bad joke. One can
Jim EdgartownWhat a bad joke. One can hardly believe the Halls will do anything after all these years. Just condemn the property and tear it down before something happens and someone gets hurt.
I've been coming to the
Lisa RobinsonI've been coming to the vineyard for 52 years. I saw jaws,animal house and many other films there. I hope they fix and start showing again. The bluffs needs a movie theater.
Uh, Lisa -- Have you been to
JB Oak BluffsUh, Lisa -- Have you been to the Strand?
Oak Bluffs has a beautiful
Daniel Cooney West TisburyOak Bluffs has a beautiful theatre, The Strand.
Three cheers to Lisa! It's a
Margot Lane MenemshaThree cheers to Lisa! It's a MOVIE theatre. Can't wait to see Tommy again! Why am I typing this? I wanna go see a MOvie! Bring it!!
I worked there the summer of
Erik Lundell NYCI worked there the summer of 1993 and the place was falling apart back then. They used to pay me extra to put up new drywall every time there was a leak. Sad it can't be saved. Could be an amazing live music venue or cultural center.
The Island Theater is an Oak
Frances McGuire New York and Oak Bluffs.The Island Theater is an Oak Bluffs and Martha's Vineyard landmark. The Island Theater is a historic architectural gem. The name of The Island Theater defines its sense of place. The Island Theater is an old seaside attraction in a historic seaside town no less then the Cyclone Rollercoaster is in Coney Island. Can you imagine Oak Bluffs without this building? Not me. I love the facade, I love the sun on the facade, the light changes the facade in all seasons and times of day. The bright red letters announce that you are on an island and their shadows cast equally strong visual statements. While having a drink in the historic (somewhat renamed) Ritz Cafe you can look out from timelessness into timelessness. In Giordano's while eating fried seashore clams you can look out and see the seashore The Island Theater. You round the block onto Circuit Avenue and it stands there announcing you are in historic, fun, funky, oceanic Oak Bluffs. Although it is lesser in scale than the Gay Head Lighthouse whose sweeping light still delights and announces and warns, The Island Theater also plays its part in enhancing and defining Martha's Vineyard ISLAND. Save it please.
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