Defenders of historic architecture in downtown Oak Bluffs this week shot down a plan to rescue a controversial, three-story garage that was built last spring in the North Bluff section of town.
A narrow decision by the Copeland Plan District Review Board Tuesday night denied owner Joseph G. Moujabber's plan to move the garage and attach it to his bungalow. Their action also paves the way for Oak Bluffs building inspector Richard Mavro to order the structure torn down.
"If this board were to deny [the application], I would expect the building inspector would issue a demolition order," Oak Bluffs town counsel Ronald H. Rappaport told the crowd of more than 60 people.
Mr. Mavro hasn't ordered any demolition yet, but the upshot of Tuesday's decision brought cheers and applause from audience members who filled all available seats in the Oak Bluffs Council on Aging building.
The Copeland board is the second town board in four months to reject Mr. Moujabber's garage, a project that has galvanized neighbors in protest. Last summer, the zoning board of appeals declared the building illegal and upheld Mr. Mavro's move last May, revoking the building permit for the garage.
This week, only three members of the six-member Copeland review board voted against Mr. Moujabber's plan to modify his box-like garage with gables and dormers and then fuse it with his Seaview avenue bungalow. The other three board members - board chairman Mr. Mavro, planning board member David Wessling and parks commissioner Allan (Buddy) deBettencourt - did not vote. Amid a flurry of confusion about the actual record, Mr. Mavro said later that he had abstained, while Mr. Wessling and Mr. deBettencourt said they simply did not vote.
Mr. Mavro ruled it a unanimous vote. "It's denied," he said.
The confusion over how members voted means the board will meet again Monday morning to clarify their decision.
But the meeting and discussion were anything but confusing.
The Copeland review board had the latitude to decide whether a three-story garage with sliding glass doors and numerous porch decks was appropriate, whether it fit with the prevailing Victorian architecture in the Copeland Plan District, a district of critical planning concern (DCPC).
Voters in Oak Bluffs earlier this year backed a bylaw that added the North Bluff neighborhood to the larger Copeland District that extends from Ocean to Waban Park.
Mr. Moujabber's attorney and architect both argued that the North Bluff lacked a cohesive Victorian style.
"The entire neighborhood is rather conglomerate in terms of style and size of structures," said John W. Priestley Jr., the architect.
"We attempted to mimic what's in the neighborhood," said attorney Michael Vhay, a partner in the Boston law firm, Piper Rudnick.
Even Mr. Mavro questioned the historic integrity of the North Bluff. "I have no idea why this neighborhood was included [in the DCPC]. There is no Victorian architecture in that neighborhood," he said.
But there was little momentum for their skepticism.
David Wilson, chairman of the Cottage City Historic District Commission, injected passion into the debate.
"The proposed building is stylistically inappropriate. The roof pitch, eaves, trim detail and windows are neither in Victorian style of the district nor the Craftsman style of the adjoining residence," he said, reading from a prepared statement. "I urge you not to approve this inappropriate and ill-considered design."
Applause greeted his comments. When Mr. Mavro asked for a show of hands from people in favor of Mr. Moujabber's attempt to salvage his garage, there was silence. When he asked for those opposed, the sentiment was unanimous. A sea of hands went up.
"It's pretty clear," Mr. Mavro said.
Douglas Abdelnour, Mr. Moujabber's business partner, grew visibly frustrated during the discussion, holding his head in his right hand as he sat in the front row. "What are we doing here tonight?" he called out.
"Dougie, please be quiet," warned Mr. Mavro.
Mr. deBettencourt and Mr. Wessling urged fellow board members to consider new plans for the garage. "We should work with these people to do what's right in the neighborhood," he said.
But Patricia Wallace, Injy Lew and selectman Kerry Scott - the three Copeland board members who voted to reject Mr. Moujabber's plan - saw no reason to bend.
Ms. Wallace openly challenged both Mr. Vhay and Mr. Wessling, who lobbied for more modifications.
"You came to this knowing the public had a very clear point that this building was too large and too big," she said. "It's not fair to say now, that you want to come back and amend it."
This week's hearing marked an anniversary - exactly one year ago Mr. Moujabber filled out a building permit application, stating his intention to replace an existing, single-story, 240-square-foot garage at a cost of $22,000.
The building that rose up behind 10 Seaview avenue extension is nearly 3,000 square feet.
One Oak Bluffs resident stood up and took note of the difference. "A lot of us feel the person who applied for the building permit lied," said Dick Sherman. "What aggravates the hell out of us is we don't like to see a liar win."
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