Ken Weinstein Kills Rita’s Water Ice and Jobs for Chestnut Hill???
(Ken Weinstein’s Ice Cream & Water Ice Stand, Down the road from the Proposed Rita’s Water Ice)
Back in the Winter of 2012, John Thain a Chestnut Hill Resident and Entrepreneur were in the process of bringing a Rita’s Water Ice to a vacant property in the Chestnut Hill Plaza.
But not so fast, Ken Weinstein had other idea’s…
Ken Weinstein challenged the planned Rita’s Water Ice under the context of 1990 “restrictive covenant” banning fast food restaurants from the site. Despite the support of the Community Association, Weinstein threatened Legal Action if the Rita’s went forward.
“The crux of the legal argument is the interpretation of a restrictive covenant for the property. The covenant, written in 1990, prohibits certain business on the property such as pet stores, butcher shops, laboratories, auto service centers and “fast food” chains. The terms and conditions of the agreement mention fast food restaurants McDonald’s, Taco Bell and Domino’s Pizza “by way of example, but without limitation.” A proviso also states that “no present lease will be amended to permit such use.” A takeout food or beverage business is also prohibited unless in “conjunction with a bona fide restaurant.”
The covenant states that any property owner within 750 feet of Chestnut Hill Plaza has the right to seek its enforcement. The Trolley Car Diner is within those boundaries. “Rita’s is clearly a fast food chain,” Weinstein emphasized. “The Chestnut Hill Community Association can approve this, but they’re just looking the other way.”
I guess Ken Weinstein isn’t really interested in competition after all. Is it a coincidence that Mr. Weinstein owns & operates a Water Ice & Ice Cream Shop right next door to his Trolley Car Diner, just several hundred feet away from the proposed Rita’s Water Ice???
“Thain said he would have employed 20 people had Rita’s been able to open this year. “Unfortunately, those jobs will all go unfilled,” he lamented.”
So, the question is, Ken Weinstein, a Community Activist or a Greedy, Self Server who “Helps” to Destroy Area Wages & Benefits???