Town Council Gives Harris Marina A 10-Year Lease

The Town Council agreed Tuesday night to enter into a 10-year lease with marina operator Ken Harris for the land on which his marina sits.

For the town, this brings to an end a situation that has existed for decades but only became an issue in 2007.

It was in 2007 that the state Coastal Resources Management Council noticed that Harris Marina, at the bottom of Rocky Hollow Road, sat in the middle of a state-designated right-of-way.  Thus began a complicated dance involving the town and the state over how to deal with a business that has existed on the site since 1979.

A cease-and-desist order issued by the CRMC in March brought the issue back to the town because it would be only with some sort of lease agreement with the town that Harris could return to the CRMC for a permit to operate.

Having secured a lease from the town, Harris was nevertheless not in the mood to celebrate.

“I guess I’m not lucky,” Harris said after the Council voted. He has continued to argue several points, including the exact location of the right-of-way and the ownership of the land itself, which he has said that he thought he was purchasing when he bought the building in 1979.

Harris’s lawyer, Casby Harrison III, however, expressed gratitude at the Council’s “fine demonstration of fairness” toward Harris.

Cove Commission Chairman Glenn Moore said that he was disappointed on behalf of the commission, which had argued that the town’s lease to Harris would set a negative precedent for rights of way. The commission had also noted at earlier meetings that Harris’s lack of liability insurance could cost the town.

Harris has since secured liability insurance to the satisfaction of the town, according to town solicitor Peter Clarkin.

Town Councilor Richard Buonauito suggested that $50 a month in rent — Harris’s original proposal — was too low. Councilor Mark Schwager put forward the figure of $100 a month, which passed 5-0.

The other major issue discussed at the meeting was that the marina building was in need of some repairs to meet building codes. Harris was given four years to make the necessary fixes.

Harris still needs permits from the CRMC as well as the Army Corps of Engineers. Harris supporters Mike and Mallory Walsh were relieved with Tuesday night’s outcome, however.

“I would hope that Ken could be back in operation in a month,” said Mike Walsh after the meeting. Recognizing that there’s still work ahead, Mallory Walsh said, “It’s a step forward.”