The plot has become repetitive and predictable -- the Westbury Drive-in owners emerge from conflict victoriously, the Town of Oyster Bays best plans are foiled, and some Jericho residents are left disappointed.

And the February 25 decision by the Town of Oyster Bay Landmarks Preservation Commission only indicates that the possibility of a rewrite is slimmer than ever, as it concluded by a narrow margin that the aging, indefinitely closed, three-screen complex is not worthy of landmark status.

Though commission members Dorothy McGee, Michael Spinelli and Patricia Maguire voted to accept the landmark application, entered by Farmingdale clerk John Giordano on Feb. 4, they were out-voted by Joseph Andruzzi, John Collins, Elizabeth Faughnin and Barbara Schmidt. It was Schmidt who, in a very quiet and tense moment, broke a 3-3 stalemate with the final vote.

"I'm very pleased," said co-owner Howard Tom Hogan Jr., after the hearing. Despite his victory, however, the town board could still choose to ignore the commission's decision, hold its own hearing on the matter, and have the final word. But Hogan is confident that, considering the commission's resolution, the town is finished pursuing this route, and will focus merely on its appeal in state court over a special use permit issue.

"It's not obligatory for the town board to consider this issue since the commission overturned the application, and my sense is that they will let it go."

Hogan, who still is threatening to sue the town because of its lack of cooperation in securing a demolition permit, clearly bolstered his case and secured the decision he sought by parading in an impressive cast of characters at the hearing who provided expert testimony on why the drive-in does not meet landmarking criteria.

The residents, on the other hand, pleaded for maintaining a sense of nostalgia, and saving a place where family memories were formed. Giordano, the applicant, said in his argument that the drive-in has been a "reflection of the social and cultural mores of our society." In addition, he emphasized the fact that no other drive-ins exist in the Tri-State area.

Robert Konig, a drive-in fan club officer, argued that the drive-in has value to local residents who have enjoyed watching movies at the site since its mid-1950s opening. He, like Giordano, stressed that it was important to preserve the last of the regional drive-ins. He also added that the Westbury theater's durability is part of its appeal. "There is something to say about survival," said the movie fan.

Before Hogan introduced his army of experts, the owner reminded the commission of its own guidelines. As a former town board member, Hogan stressed that the commission could not landmark a site's use, and that it was obliged to dismiss landmark status if the proper criteria &hibar; historical or architectural significance &hibar; wasn't met.

Then, to add a touch of irony to the drama, Hogan spent much of his time on the floor chiding his own business operation, painting an ugly picture of decadence, decline and decay, calling the site a "passion pit" and a hang-out for violent youths.

"That's interesting," commented West Birchwood resident Len Gutterman sardonically after the hearing. "It's a wonderful place for family entertainment when he was running it back then, but now it's a rotten, old passion pit." Gutterman also spoke before the commission, representing much of the Jericho community.

Hogan emphasized that the drive-in was run-of-the-mill, having no uniqueness in character or history. He also clarified the misconception that drive-ins were practically extinct in or about New York State. "There are 82 in New York, Pennsylvania and Connecticut," he stated.

And though the Westbury Drive-In is the last of its kind on Long Island, Hogan stated that it would be unfair to involve geographical boundaries in the decision. "Did it matter that Roosevelt Raceway was the last raceway?" he said, referring to the defunct sports facility.

Lance Mallamo, Suffolk County Historian, expert on roadside architecture and leader in the campaign to save the Long Island Duck structure in Riverhead, chronicled the history of the drive-in complex, including its rise in the 1930s and its decline in the modern era. According to Mallamo, America's best drive-ins were rich in artistic expression, from murals painted behind the screens, to flashy, neon signs. But the Westbury Drive-In was "built fast and cheap," he said. "The architectural design is not unique."

Town of Hempstead Landmarks Preservation Commission member Angelo Corva stated that the drive-in also suffered a loss in its original integrity after much of it was torn down during a 1979 expansion project that he had designed.

Also testifying were Robert Mackay, chairman of the New York State Historical Preservation Commission and former chairman of the Oyster Bay Landmarks Preservation Commission, as well as Zachary Steudenroth, chairman of the Huntington Landmarks Preservation Commission.

The solid, factual testimony of Hogan and his experts appeared to weigh heavily against the warm, emotional arguments from concerned residents, who were not high in attendance. "It was me against the Dream Team," admitted Giordano. Yet he was only one commission member away from a victory.

Faughnin for one, was convinced. "I was very impressed with Mr. Giordano's arguments, and I believe that this site certainly meets the criteria for landmarking."

Andruzzi however, was not convinced. "By our own ordinance we cannot landmark a use. We must then turn to the facts... There is credible historical evidence that as a drive-in, this particular one was not a significant example of Americana," said Andruzzi.

Collins agreed, "The applicant has the responsibility of making a case for why the site should be landmarked. I have a lot of trouble with the applicant's presentation."

Nevertheless, Giordano did not find the ultimate result of the hearing entirely negative. "I don't really consider this a loss because Mr. Hogan has promised to donate the drive-in sign to a Nassau County exhibit so we will be able to preserve a part of the drive-in."

Indeed, Hogan has promised to donate the sign and also offered to give the Town of Oyster Bay his three screens for public use. Despite that generous offer, residents, fearing that a multiplex and BJ's Wholesale Club may soon replace the silver screens, know now they'll probably have to settle for what doesn't amount to a Hollywood ending.