NAHANT — Essex County Superior Court has denied Northeastern University’s move to dismiss a lawsuit brought about by 28 civilians and non-profit group Nahant Preservation Trust regarding the school’s efforts to expand its Marine Science Center on East Point.
In two related rulings handed down July 31, the Court allowed the town to join in the citizen suit against Northeastern, and dismissed the school’s claim against Nahant resident Mark Cullinan, who is now a Board of Selectmen member, allowing him to withdraw from the case.
“We think the Court properly recognized that we have the right to be in court to try and stop the destruction of the East Point wildlife preserve,” said NPT president Emily Potts. “And we welcome the town of Nahant in joining our effort.”
Under the Dover Amendment, Northeastern was granted property rights to the 21-acre plot of land — now the location of the school’s Marine Science Center — by the federal government in 1966.
The school’s intentions to expand and build a new Coastal Sustainability Institute were first announced in 2018 and have since been adamantly opposed by residents who say their small island town and local wildlife will be damaged by so much development.
A January 2020 Superior Court ruling previously allowed Northeastern to continue its plans after determining the environmental impact of site testing — required before construction can begin — would be “minimal.” Some Nahant residents disagreed.
In response to the Court’s three-part decision, a press release from the Keep Nahant Wild movement (a subsection of Nahant Preservation Trust) stated the newest rulings “represent setbacks” for NU, adding that the school’s proposed expansion would still cause problems for the town.
“The building would be located on land zoned as a Natural resource district and which serves as a habitat for wildlife, including more than 170 species of birds, some rare and migratory,” the release said. “The expansion would also increase the amount of seawater Northeastern takes in for its research, expand parking, increase traffic, cause noise and light pollution, and place greater demand on Nahant’s infrastructure.
“Northeastern, as a not-for-profit entity, is exempt from taxes and does not contribute to the town’s infrastructure costs.”
However, Northeastern spokesman Michael Ferrari denied some claims, telling The Item NU has made “a generous, multi-million (dollar) offer of community benefits and project mitigation costs and (has) asked town officials to negotiate,” adding that statements condemning the school’s impact on nearby communities are largely speculative as final designs and permits have not yet been approved.
He characterized the ruling as simply part of standard legal proceedings.
“These minor procedural skirmishes are common in litigation and neither impact the university’s property rights nor how the issues in the case will ultimately be decided,” Ferrari said. “Nahant residents should be concerned about the potential significant cost to taxpayers from pursuing claims the Superior Court has said are unlikely to succeed, as well as a proposal from a small group of abutters to take Northeastern’s property by eminent domain.”
Elyse Carmosino can be reached at [email protected].
