Since September of 2024, Karen and Bruce Marshall, who reside at 28 Emerald Road in Nahant, have been engaged in a zoning dispute regarding the abutting property at 30 / 30A Emerald Road. Problems initially began when demolition went down beyond the studs for both buildings at that location, in violation of the demolition permit, and no action was taken by the Town of Nahant. Instead, a building permit was ultimately issued by the Town of Nahant Building Inspector and construction work swiftly began in November 2024.

The Marshalls formally appealed the Nahant Building Inspector’s decision to grant a building permit for construction at 30/30A Emerald Rd., alleging that this project violated numerous Nahant Zoning ByLaws. More specifically, after violating their demolition permit without any consequences, the developer now sought to build two new structures that would make the property more nonconforming than it had been before. The Marshalls had general quality-of-life concerns as well, including flooding and loss of view/sunlight.

The dispute over 30/30A Emerald Rd. spanned six Nahant Zoning Board of Appeal (ZBA) meetings, lasting between January 21, 2025 and February 21, 2025. By that time, and despite the active appeal, construction at 30/30A Emerald Rd. had already been largely completed. Ultimately, the ZBA officially decided in the Marshalls’ favor: Based on Zoning ByLaw 7.03E, they determined that a special permit should have been required prior to issuing the building permit because such a permit is required for any construction on a nonconforming lot.

The ZBA’s decision to rescind the building permit and require a special permit confirms that the ZBA should have been involved in this process from the get-go, long before construction ever began. Had this occurred, giving the Marshalls and their fellow neighbors their rightful opportunity to voice their concerns and objections before construction began, the Marshalls would have never had to take this case—nor the ensuing expenses.

The developer is now suing the Town of Nahant ZBA members and the Marshalls to get the ZBA’s appeal decision overturned. The ZBA members have access to the town’s legal counsel, but the Marshalls, if they are to fight for this decision to stand, must now continue to retain legal counsel for the foreseeable future, as this case falls under Superior Court and could potentially last for years. To date, the Marshalls have already spent over $16,000 in legal fees—money they’ve had to pay from their own pockets simply because the Nahant Building Inspector failed to require a special permit.

The Marshalls are not willing to just sit back and watch their town become overcrowded and overdeveloped. It is their hope that others feel the same way and will be willing to help by donating towards their legal representation as they continue this fight. Based on the cost of the Marshalls’ legal counsel to date, we anticipate that legal representation for the months/years ahead as this case carries on could easily cost up to an additional $30,000, so that is the amount we are shooting for. Any help we can get is greatly appreciated. In the end, any donated funds not needed for the Marshalls’ legal representation in this case will be donated to the Town of Nahant.

Thank you so much for your support.