Plans to expedite repairs for the Island Theatre in Oak Bluffs appear to be in jeopardy after the family that owns the theatre failed to provide a complete update Wednesday as stipulated in a court order.
An attorney for the Hall family has been ordered to appear in court Friday to provide further information about plans to repair the run-down theatre at the foot of Circuit avenue, which has been declared a threat to public safety. In a faxed update Wednesday, attorney Kevin Cain outlined concerns that the Halls may be unable to find a contractor to complete the work, especially on the verge of the busy summer season.
The Hon. Cornelius J. Moriarty, an associate justice of the superior court, had a grave response. “I take this matter very seriously,” Judge Moriarty said from the bench Wednesday. “Because upon my review of preliminary papers, it seems that there is a significant issue of public safety. I’m not going to contemplate any delay, and this report seems to indicate the contractor they thought they had they don’t have anymore.”
Last week Oak Bluffs town counsel Ronald H. Rappaport and Mr. Cain agreed to a stipulated order that outlined several provisions, including a written status report due by the end of the day Wednesday that would outline proposed work to be done, names of contractors, and a timeline for repairs.
Judge Moriarty told Mr. Cain at the time that he expected him to appear in court if the status report was not complete.
The judge and Mr. Rappaport were on hand in the courtroom Wednesday afternoon for a hearing about moped rentals in Oak Bluffs. Toward the end of the hearing, a court clerk slipped in to deliver the faxed report from Mr. Cain.
When the topic turned to the theatre, Judge Moriarty and Mr. Rappaport both made it clear that they were unhappy with the progress.
“The dog ate my homework,” Mr. Rappaport said, pointedly noting the lack of specifics and outlining communication difficulties. “The building could collapse,” he said of the crumbling theatre. “This just doesn’t cut it.”
The three-page report details meetings with contractors, working with town to arrange for temporary parking in front of the theatre and an update about a plan that avoids the need for asbestos abatement. Brian Hall, one of the owners, worked on the building this weekend, Mr. Cain said, including removing about 150 theatre seats stored in an area of floor framing that needs to be exposed.
Mr. Cain said building plans have been completed, but on Wednesday morning the owners learned that the contractor they thought would do the work was unwilling to take on the job, putting the owners in a difficult position at a difficult time.
He said a Thursday meeting was planned with building and painting contractors. “Pending retention of a contractor, [Brian] Hall will continue to do as much work at the property as possible to expedite the contemplated construction,” Mr. Cain said.
Mr. Rappaport said a building permit has been issued for the project but has not yet been picked up and paid for. He asked for a further court date with Mr. Cain in attendance.
“I regret the fact that Mr. Cain isn’t here,” Judge Moriarty said. “Perhaps he thought he didn’t have to be.”
The judge called for a further hearing on Friday at 3 p.m. “Mr. Cain is to be here,” the judge declared.
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