Neck homeowner blocks access to popular beach path

A longstanding footpath to the ocean on Marblehead Neck is now the subject of a legal review after a neighboring homeowner moved to restrict public access, raising broader questions about the status of so-called “paper streets” across town.

The path, known as Cove Lane, runs between private homes off Kimball Street and leads to a small beach overlooking Chandler Hovey Park. Though narrow and grassy, Cove Lane has been used informally for decades by residents walking to the shore — and it appears on town maps as a traditional passageway.

But in July, one of the abutters — Gerald M. Shea, of 13 Kimball St. — filed a legal notice asserting his private ownership and warning that no public rights-of-way should be presumed.

In the document, Shea stated his intent to block any claim of access “by custom, use or otherwise” by several named individuals and the general public. The notice was recorded at the Southern Essex District Registry of Deeds on July 21 and posted on the property shortly after.

Shea declined to comment.

Community response grows

Jeff Korzenik, a summer resident who lives on Waldron Court in the Historic District, discovered the posted signs on July 30 while visiting what he calls his “favorite beach.” That evening, he posted photos and information about the restriction on Facebook to alert the community.

For Korzenik, the issue extends beyond the Neck to represent something fundamental about Marblehead’s character.

“I don’t think of it as a Neck issue,” he said. “I think of it as an issue for all of us.”

Korzenik and other residents worry about the precedent such restrictions could set for Marblehead’s other historic pathways.

“I’ve seen rights-of-way, lesser known rights-of-way, just landscaped over, taken over by landowners or abutters,” he said. “I see it and it’s not right.”

The naming of specific individuals in Shea’s legal notice particularly troubled Korzenik, who called it “an intimidation tactic.” He wants the town to fight the abutter’s land claim.

“Not fighting this sets a terrible precedent,” he said. “By vigorously defending it, you help forestall, you help push off, inhibit other people from trying to bully the town into giving up rights-of-way.”

Marblehead’s pathways represent something deeper than mere convenience, Korzenik said.

“It’s part of our heritage,” he said. “It doesn’t belong to me. It doesn’t belong to the homeowner. They may own the land, but the right-of-way belongs to the public.”

Meanwhile, Shea’s filing has prompted scrutiny from town officials.

Joint ownership?

In an Aug. 6 email, Town Administrator Thatcher Kezer said the town is working with legal counsel to determine its rights and responsibilities regarding Cove Lane.

“While it was previously understood that the town held full ownership of Cove Lane based on transactions dating back to the early 1900s,” Kezer wrote to the Current, “our current understanding is that the property may be jointly owned by the town and certain private residents, extending down to the beach area.”

Kezer clarified that the beach itself “is not in question and is clearly under town ownership.” He also emphasized that “no single party would have the authority to unilaterally restrict access to the property,” assuming joint ownership proves accurate.

The legal team is now reviewing historical deeds and assessing whether the town ever took formal possession or maintained Cove Lane, which could support a claim of public right-of-way.

Town’s historic passageways

Cove Lane is one of 18 known passageways in Marblehead still recognized as open for public use, according to the Marblehead Conservancy. These paths, some of which date to the 18th and 19th centuries, were originally carved out so fishermen and townspeople could access the harbor from their homes.

Kezer emphasized the town’s commitment to protecting historic access rights where warranted.

“We’re reviewing all the documentation carefully,” he said. “If the town has an interest, we will take the necessary steps to preserve it.”

The 18 public-use passageways include:

Downtown Marblehead (8):

— Lookout Court & Prospect Alley
— Hollyhock Lane
— Alley Steps
— Gingerbread Lane & Gingerbread Hill
— Knights Hill Road
— Alley: High Street to Elm Street
— Alley: Mechanic Street to Market Square
— (One additional passageway may be unlisted)

Marblehead Neck (10):
— Desmoulin Lane
— Fuller Lane
— Castle Rock & Castle Rock Lane
— Point O’ Rocks Lane
— Lighthouse Lane
— Cove Lane
— Nahant Street
— Harvard Street
— Parker Lane​​​​​​​​​​​​​​​​