The plan has been hung up for years in legal appeals made by Frank and Suzanne Kinzie, who own the Beverly Port Marina next door. The Kinzies say they are not opposed to a waterfront restaurant but disagree with the current deal between the city and Leone.
The Kinzies’ latest appeal is now before the state Appeals Court. City Solicitor Roy Gelineau said last night he doesn’t expect the court to make its ruling until early next year.
Gelineau said he is confident the court will rule in the city’s favor. In response to questions from councilors, he said he doesn’t think that signing a lease agreement before the court renders its decision will expose the city to further litigation than it might face otherwise.
“The abutters have made it perfectly clear that they don’t want this project and they’re going to do whatever they can to stop it,” Gelineau said. “That’s a fact, so let’s live with that fact.”
Frank Kinzie and Leone both attended last night’s meeting, which was held by the City Council’s legal affairs committee. It was not a public hearing so members of the public were not allowed to speak.
In a letter to city councilors submitted yesterday, an attorney representing Beverly Port Marina urged them to reject or postpone consideration of the lease until a new mayor and City Council take office.
The letter said the lease “may be unlawful” and is a “terrible” financial deal for the city.
“(Beverly Port Marina) believes that this is an attempt by the outgoing mayor to impose a bad deal on the city for the benefit of a local developer,” attorney Adam Brodsky wrote.
Scanlon, who did not attend last night’s meeting, has said the city will bring in “a six-figure amount of money every year” from the Black Cow including lease payments, property taxes, boat slip rentals, and parking meter revenue.