Raleigh Road Addition Approved as Ocean Street Boundary Dispute Sparks Adverse Possession Legal Threats

Key Points

  • Special permit granted for 5 Raleigh Road renovations contingent on removing an encroaching shed and relocating a generator
  • Site plan approved for 1810 Ocean Street to establish a seasonal outdoor dining area for a new ice cream and burger shop
  • Controversial 8 Ocean Street deck hearing continued to December 9 following survey disputes and threats of adverse possession claims
  • Expansion at 52 John Alden Street approved with a requirement to utilize a bay window design to maintain legal setbacks
  • Storage containers and a nine-foot privacy fence approved for 21105 Ocean Street with strict prohibitions on outdoor storage
  • Petition for 34 Marginal Street Rear withdrawn without prejudice by the Sailors Valentine Trust
  • Bridal Crossing hearing regarding 45 units continued to January 13, 2026, per town counsel recommendation

The Marshfield Zoning Board of Appeals tackled a packed agenda during its November 25 meeting, highlighted by a contentious property line dispute at 8 Ocean Street. Attorney Adam Brodsky, representing the Bruce Family Realty Trust, presented a revised survey to resolve discrepancies between competing engineering firms. The tension escalated when Brodsky mentioned the possibility of a legal claim to secure the land under a disputed deck, stating, The trust has a potential adverse possession claim for that land which put the entireity of the deck on on the trust property. Neighbor Pat Banda pushed back against the suggestion, telling the board, I'm hearing things like adverse possession... that sounds very threatening. Board member Stephen Lynch opted to step away from the discussion entirely, noting, I recusing myself from this case. Ultimately, the board declined to vote on the matter due to an incorrect flood zone designation on the submitted plans. Motion Made by Brian Murphy that 2542 8 Ocean Street and 2542A 8 Ocean Street be moved to December 9th, 2025. Vote Passed 6-0

The board found smoother waters with a request for 5 Raleigh Road, where homeowner Kristen Downey sought a special permit for significant renovations. Engineer Rick Grady explained the project, noting, What the applicants would like to do here is they would like to lift the existing house, put a new foundation under the existing house, add on the garage, the addition, and the gazebo. While neighbor Ken Donahue initially sought clarification on setbacks, asking, I'm the butter on Raleigh with him. I just want clarification, the board satisfied concerns by conditioning the permit on the removal of an encroaching shed. Motion Made by Brian Murphy to grant the petitioner's application for a special permit subject to the conditions... the wooden closet is to be removed and the generator is to be relocated on the property. Vote Passed 6-0

Business expansion was also on the docket for 1810 Ocean Street, the former site of Caswell’s Seafood. Rick Savant of Stenbeck and Taylor detailed plans for a new seasonal outdoor dining area and accessibility upgrades. Savant clarified the low-impact nature of the patio, explaining, This area is not going to be used, you know, serviced by waitresses or anything like that. My understanding... this is going to be an ice cream shop, burgers, hot dogs kind of a place. Larry Keane opened the floor for a roll call, stating, I'm going to do a roll call to start because JJ is out there. The board members expressed enthusiasm for the revitalization of the site. Grover Hensley Jr., arriving mid-meeting, joked, Grover's here with his stolen information. He made it. Motion Made by Brian Murphy to grant the board vote to grant the petitioner's application for site plan approval subject to the conditions... all proposed alterations comply with accessibility requirements. Vote Passed 7-0

Other residential applications included a successful petition for additions at 52 John Alden Street, though it required a creative design compromise to avoid a new non-conformity. The board suggested the applicant utilize a bay window design to satisfy setback requirements. During the deliberation, Jean Lee noted, Jean Lee I, as the board reached a consensus. Mack Brothers also supported the move, stating, Mac Brothers I. Additionally, Eric Murphy raised questions about property boundaries during the Raleigh Road hearing, asking, Should we even address the fence? Who owns the fence? What if it's the neighbor's fence? To conclude the evening, the board approved a site plan for storage containers and a privacy fence at 21105 Ocean Street. Motion Made by Brian Murphy to grant the board vote to grant the petitioner's application for site plan approval subject to conditions... any outdoor storage other than in the containers behind the fenced area requires a further special permit. Vote Passed 6-0

The meeting was adjourned at 7:52 PM