Dreamland owners plan to open theater by April
BY PETER B. BRACE
Dreamland Theater owner Haim Zahavi said in his Oct. 6 letter to the Planning Board that he is committed to reopening the South Water Street movie house by May 31, 2007.

Zahavi has been roundly derided by the board and other islanders this year for not opening the theater for the 2006 season per order of the Planning Board as part of its conditions of approval of Zahavi's special permit it issued on Jan. 9.

This letter is Zahavi's timeline for renovating the Dreamland into operable condition that the board requested he produce by Oct. 24. In it is a detailed description of events leading up to his inability to open in time for the 2006 season and how he plans to get the work done in time for the summer of 2007.

"To achieve that will require the cooperation of the various town departments, including but not limited to the Building Department, the staffs of various town commissions and boards and other town offices and officials," said Zahavi's attorney, Ed Woll, Jr. of the Boston firm Sullivan & Worcester in the letter. "This has not been a straightforward or simple project."

Zahavi's latest attempt to secure a building permit was denied by Building Inspector Bernie Bartlett on Aug. 7. Bartlett said Zahavi needed a variance from a State Building Code requirement for a party wall/firewall on an interior lot line running through a building.

Because the Planning Board signed off on Zahavi's approval-notrequired plan for the Dreamland property last winter - which split the lot in two - doing one building over two lots is not possible without this variance, as there would have to be two separate buildings.

Zahavi has since applied for this variance and Woll is making his client's case for it at a hearing at the State Building Code Appeals Board tomorrow in Boston.

If Woll is successful, then Zahavi can apply for his building permit.

In anticipation of securing the variance and his building permit, Zahavi has, according to Woll's Oct. 6 letter:

+ Solved his window and design issues with the Historic District Commission.

+ Completed soil borings of the ground beneath the building for foundation preparations (a report is expected soon).

+ Completed structural engineering design drawings for the building

+ Chosen a general contractor.

+ Chosen plumbing, HVAC, sprinkler and electrical/fire alarm system contractors.

+ Hired C.E.C. Engineering of Columbus, Ohio to prepare civil engineering drawings.

+ Hired BKA Architects, Inc. of Brockton, Mass. to do architectural and structural drawings.

+ Hired the Zade Company, Inc. of Boston, Mass. to do up schematics for electrical, HVAC, plumbing and sprinkler installations.

Senior Planner Leslie Woodson said that the timeline from Zahavi is likely to appease the Planning Board, which had given Woll an extension to Nov. 13 to produce it. The board had threatened to reopen the public hearing if Zahavi did not produce the timeline by the board's Oct. 24 deadline.

"I don't think it's likely," said Woodson. "They said they wanted a construction schedule in writing and to hear from him and they did hear from him, so I think that addresses their concerns."

Woll is going to be at the Nov. 13 Planning Board meeting to present the timeline himself.

"The letter does spell it out, but the Planning Board did want a personal appearance to answer any questions they might have and I guess, to further assure them of the timeframe and schedule."

Zahavi's troubles began after he received a demolition permit on March 22. On April 14, Building Inspector Bernie Bartlett issued a stop-work order to Zahavi for the exploratory and renovation work he was doing inside the theater in preparation for reinforcing the floor system and building a new concession stand in time for the season.

His engineer, Foley Buhl Roberts & Associates, Inc. of Newton, Mass., determined that replacement of the first floor and pier support system, and exploratory demolition work to determine the structural integrity of the exterior sill wall, footings, an un-vented crawl space, interior framing and roof reinforcements among other repairs needed to be done to open the theater.

Bartlett alleged that Zahavi was negligent in providing specifications for the materials he would be using to make necessary repairs and had not provided him with building survey plans. As a result, the Dreamland remained closed throughout the summer and early fall.

The Planning Board joined the fray when it castigated Zahavi at its July 10 meeting for not adhering to Condition 6.2(a) Obligation to Conduct Theater Operations and agreed to send a letter to Zoning Enforcement Officer Marcus Silverstein urging him to cite Zahavi for the violation. But Silverstein could not prove the violation was intentional and therefore did not issue a violation notice.

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