The demolition and reconstruction of the old Army Barracks building on Circuit avenue in Oak Bluffs was never referred to the Martha's Vineyard Commission as a development of regional impact (DRI), even though it met the standard for referral and review by the commission.

In a letter dated Feb. 22, commission DRI coordinator Paul H. Foley said the structure should have been referred to the MVC under two sections of its DRI checklist that pertain to historic buildings.

If a new building planned for the site is similar in size to the old building, Mr. Foley said, the project should be referred to the MVC.

Mr. Foley's letter came in the wake of other actions by the town following the unpermitted work and later demolition of the Circuit avenue building, which dates from the 1870s.

On Feb. 16, Oak Bluffs building inspector Richard Mavro placed a cease and desist order on the property. That same day, Mr. Mavro also issued a ticket for a $300 fine to Gene Erez, the owner of the property who tore down the building. A town bylaw permits Mr. Mavro to fine Mr. Erez up to $300 a day for each day the violation exists. The building was torn down in the week ending Feb. 12.

On Tuesday, the Oak Bluffs historical commission met in emergency session to decide what action it should take regarding the unpermitted demolition. Under a town bylaw, any proposed demolition of a building at least 100 years old should have first been referred to the historical commission.

Commission members decided to hold off on fines, leaving any such action to the board of selectmen and the building inspector. But the commission wants to see a historically faithful reproduction of the building built as soon as possible, though not in a hasty manner.

Following the commission's decision, Mr. Erez presented the commission with plans for a structure in the style of the building that had existed on the site. Commission members called on Mr. Erez to extend a mansard roof all the way around the building, and to recreate the outcropped window structures on the side of the building's second floor. When Mr. Erez replied that state safety codes would prohibit placing glass in the window structures, commission members said they wanted to see the structures in place, with or without glass.

Selectman Kerry Scott called Mr. Mavro's cease-and-desist order "too little, too late. The C and D should have been issued as soon as he saw the work being done with no permit."

In a letter sent last week to the selectmen, Mr. Mavro wrote that he had issued a "verbal" to Mr. Erez allowing him to do exploratory demolition. Ms. Scott, however, questioned whether verbal permission was appropriate. In how many other instances, she asked, had the building commissioner allowed work to proceed through verbal permission.

She also said the single fine of $300 was hardly effective in either deterring an offender from repeating his offense, or in preventing others from doing the same thing.

Ms. Scott said residents of Oak Bluffs and the Vineyard are concerned about the lack of permits surrounding the work and the demolition. "It's a symptom of people thinking they can get away with anything in Oak Bluffs," she said.

Last week Mr. Erez told selectmen he had not intended to demolish the structure, but initially found that the first floor and then the second were structurally unsound. He admitted that he had not obtained any written permits for either the renovation work or the subsequent demolition.

On Tuesday, Mr. Foley wrote his letter based on a request received that same day from Mr. Mavro asking him to evaluate the situation.

Mr. Foley replied that the demolition and reconstruction should have been referred under two sections of the DRI checklist.

One covers any development in a commercial district that proposes the demolition of an existing structure with total square footage of 2,000 square feet or more. Mr. Foley said records show the building measured 2,980 square feet.

The second covers the demolition or exterior alteration of any historic structure.

In 1978, the Oak Bluffs Historical Society, which conducted an inventory of historic buildings, described 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."