BY PAUL LEIGHTON
---- — BEVERLY — Beverly Port Marina is taking its opposition to a Black Cow restaurant to another level.
The marina’s owners have filed a notice of appeal with the Massachusetts Appeals Court, their latest recourse in a long fight to stop construction of what would be the city’s only waterfront restaurant.
Even if the appeal is denied, which has been the case with two previous appeals, city officials say this latest move could delay construction of the restaurant for up to a year.
Mayor Bill Scanlon said yesterday that he is “as confident as I’ve ever felt” that the appeal will be denied and the restaurant will be built.
“The grounds for appeal get more and more narrow every time,” he said.
Scanlon said he believes this is the last appeal that can be filed in this case.
Beverly Marina owners Frank and Suzanne Kinzie have opposed the Black Cow restaurant since it was first proposed in 2006. It is scheduled to be built on city-owned land next door to the marina on the waterfront next to the Beverly-Salem bridge.
Frank Kinzie declined to comment yesterday. In the past, the Kinzies have said they are not opposed to redevelopment of the Beverly waterfront, but they say the city is getting “special treatment” to the detriment of other property owners in the area.
The land is in one of the state’s 12 “designated port areas,” which were established by the state in 1978 to protect and promote working waterfronts. The Kinzies say a restaurant should not be allowed unless the port designation is lifted.
But the Massachusetts Department of Environmental Protection approved the restaurant, saying it is an acceptable “supporting use” on a working waterfront. A commercial passenger boat operation would be run out of the first floor of the restaurant.
In 2008, Beverly Port Marina submitted its own competing proposal, which called for a boatyard, but the DEP turned it down in favor of the restaurant plan.
The Kinzies have filed two previous appeals of the DEP’s decision, once with the agency itself and another in Superior Court. Both appeals have been denied.
Restaurant owner Joseph Leone said yesterday that he remains committed to building the restaurant in Beverly.
“I think it’s a great project, and I’m happy to hang in there,” he said.
Leone, who owns Black Cow restaurants in Hamilton and Newburyport, plans to build a 200-seat restaurant in Beverly. He would lease the land from the city for a price that has yet to be determined.
Staff writer Paul Leighton can be reached at 978-338-2675 or firstname.lastname@example.org.