Eastern Red Cedar tree – Missing!
This beautiful Eastern Red Cedar tree (Juniperus virginiana) was likey over 200 years old (estimated from it’s size – and as identified by The Clemson University’s Plant and Pest Diagnostic Clinic). For as long as anybody knows, it had been on the land belonging to Ms. Josephine Driessen, long before she subdivided the land to create the ‘Bradley Circle’ neighborhood. A 12-foot strip of land remained in between houses, as a walkway for getting to the beach. She sold easements to a few properties, and yet many neighbors simply assumed that this beach-access right-of-way was for everyone to use freely. However, unlike the nearby Driessen Beach Park’s ‘public’ beach-access walkway; this beach-access walkway is ‘private’. Some neighbors refuse to accept that it is a ‘private’ walkway – and that most properties do not have a legal associated easement allowing for it’s use (nor is there any neighborhood entity with easement rights).
Conversely, the nearby ‘public’ park contains what is the only legal beach-access for the vast majority of homes on Bradley Circle. Yet in May of 2023, the Town’s Safety Director and staff met on location, and the next day The Town erected a blockade of what is the only pedestrian access to Driessen Beach Park from Bradley Circle. They did so prior to having knowledge of the legal history or historical use. Justifications by The Director included false claims that “residents, renters and guests have a private beach access” … and that “the gate appears to serve no legitimate purpose”. I immediately informed the Town of the true facts – including that there were no associated police crime reports in over three decades or regular use; but nothing has changed in nearly three years.
The importance of this public park access-gate is difficult to deny. Driessen Park has always been the historical ‘neighborhood park’ and ‘open-space’ for Bradley Circle residents and guests -and the only way to access the ‘public’ beach-access boardwalk located inside that park. It was in-use for this purpose long before the land was purchased by the Town from Henry Driessen (brother of Ms. Josephine) in 1991, using Federal Parks Department funds. Mr. Driessen made several legal agreements with The Town of Hilton Head to be certain that pedestrian access to the park named in his honor would continue providing park-access for his sister Josephine’s subdivision (Bradley Circle); so that folks there could continue to enjoy the park’s open space, park amenities and it’s well-maintained beach-access boardwalk.
The fact is that the incredible ‘public’ boardwalk within Driessen Beach Park was (and remains / though wrongfully blocked) the only lawful beach-access for the majority of properties on Bradley Circle that do not otherwise have ‘private’ beach-access. In order to justify blocking access to the ‘public’ park, The Safety Director claimed (without evidence) that there was a ‘neighborhood walkway’ that everyone could use to get to the beach – and so in his opinion there could be no legitimate reason to keep the ‘public’ park’s pedestrian access open. To support the position on blocking the ‘public’ park-access, they are simultaneously disregarding the recorded rights associated with the ‘private’ beach access, (in order to justify the fact that this action by the Town is essentially forcing everyone to use the ‘private’ walkway instead of the ‘public’ park to access the beach (even though most properties do not have an easement).
It does not seem to matter to these officials that the pedestrian-access leading into Driessen Beach Park from Bradley Circle was a dedicated public right-of-way for decades (secured with three separate legal agreements). Nor do they seem to care that residents and guests routinely enjoyed the ability to visit the park – whether to walk with their dogs, ride their bikes, or visit the playground with children (among the multiple amenities that this park offers). To date, this Town has chosen to ignore these inconvenient facts. Similarly, these officials have refused to accept the truth about the recorded legal easements associated with the ‘private’ walkway… as residents and guests of every home (old and new) have no choice but to use this private walkway to access the beach (by default).
It seems that a small handful of neighbors apparently desired a more private and exclusive neighborhood for themselves (as much as this is possible -it is not– for a ‘non-gated’ neighborhood located on a ‘public County road’ with several points-of-entry for the general public). “Safety” was never a valid concern – evidenced by the fact that this pedestrian-access gate had ZERO police reports associated with it in over THREE DECADES of regular use. In fact, serious crimes factually increased on Bradley Circle AFTER the pedestrian-access to/from the park was blocked!
Add to this, that this is the ONLY neighborhood in all of Chaplin (and on the entire island of Hilton Head, it seems), that is being blocked from a neighborhood public park. Homes surrounding nearby Chaplin Park, for example, continue to enjoy 24/7 access to Chaplin Park. Only ‘Bradley Circle’ has been completely ISOLATED from it’s lovely neighborhood park (this community’s only open-space – a park which contains the only lawful beach-access for the majority of homes on Bradley Circle); all without cause!
For over two years, myself and others constantly appealed to Town officials to do the right thing – to RESTORE the historical ‘public’ pedestrian-access to this park. With no response or communication whatsoever from these same officials, we were forced to initiate a legal complaint before the two-year mark, in order to preserve our rights . Because of this ongoing litigation, myself and other residents (who simply want to visit the park, and/or preserve the right of beach-access) – have been labeled ‘persona non grata’ – by those who are supposed to represent our interests (but instead have failed us miserably).
I’ve also spent much time and effort to research the ‘private’ walkway, examining all property deeds and recorded easements, to learn which properties have such an easement and which properties do not. It ironically turns out that the large majority of homes along Bradley Circle DO NOT have an easement to use this ‘private’ walkway (which this Town claimed everyone has a right to use, as a pretext for blocking our access to the ‘public’ park). As critically important as beach-access is for any ocean-oriented community, also ignored is the fact that the ability to enjoy the park’s open space and amenities is also critically important to the large majority of residents and guests.
These facts do not fit the narrative used to block the park-access. These officials do not want to accept the fact that – not only have they blocked folks from enjoying a public park / open space – even during the daylight hours – but that their effort has ‘in-effect’ also blocked the ‘only lawful beach-access’ for the majority of homes on Bradley Circle (a God-given right under the ‘public trust doctrine‘). This level of hypocrisy is hard to embellish. This is the same town that includes “access to open space and parks” as a top priority in every Strategic Plan, and every planning document. Statements do not matter when the Town’s actions dictate otherwise.
To make matters more disturbing; recently Town officials went to extreme measures in order to prevent us from erecting a simple ‘private beach access’ sign on the ‘private’ walkway land (privately owned land), by at first demanding a sign permit (and adding demand after demand to then delay, and later withdraw the permit). Then after two months of these unlawful demands, this effort eventually failed when the demand was proven to be unlawful (with FOIA Requests and directl references the Town’s own LMO Code). We have since chosen to temporarily refrain from erecting it again because the sign was being stolen.
All these efforts show, that similar to the ‘public’ park’s pedestrian-access (where three separate legal agreements and over three decades of continual use have been ignored by Town officials); by essentially directing every resident and guest to use a private beach access, these officials are also ignoring the ownership and legal easements that govern use of the ‘private’ walkway. In both cases, they are are refusing to acknowledge recorded agreements that are in-place, in order to impose the desires of the few on those the vast majority or residents and guests (by whom they are paid well to protect and serve).
More recently, I asked the Town’s Tree Protection Officials to begin an investigation into who was responsible for destroying this ancient Eastern Red Cedar tree so close to the ocean. To date, that investigation has apparently yielded no enforcement action – although they were provided the names of the person’s hired to do the work (names which Town officials have acknowledged as being accurate). It appears to have been an effort by one or more neighbors to exert control over this private walkway – which they desire to claim as their own (in part to justify the Town having blocked access to the park).
Despite this Town having the power of licensing, and thus the power to demand answers, this is where the investigation appears to have ceased. After several months, it seems that the Town is choosing to look the other way – even though this is the worst sort of tree offense. Taking a rare, healthy and historic (200+ year old) Eastern Red Cedar, from another family’s private land, without permission or a permit. This land belongs to the same family that created the entire 11 acre subdivision and provided another 11 acres of land for neighborhood park- land that was in their family for nearly 100 years). The tree deserves justice, as does this important island family.
This protected tree species is considered to be a rare ‘specimen’ tree at only 8 inches diameter. This particular tree was closer to 24 inches diameter! A giant Eastern Red Cedar tree, surviving so close to the sea, is highly uncommon. In fact, we see far more Live Oak trees near the ocean then trees like this one. But some person or persons apparently decided that they wanted it gone, without concern for the tree, the landowner or any person but themselves. Since a natural resources permit would not be possible for removing such a tree (as it is a protected species and a permit could only have been obtained by the owner of the land) – someone apparently decided to destroy the tree, and keep it a secret. If this Town knows who did it, they too are keeping it a secret.
For those who know something about this tree species, other than their incredible beauty and extreme longevity… they know just how much food and shelter these trees offer to visiting birds and other wildlife. So nevermind nature – or that it took many generations to grow so large (living thru the Civil War, for example) – or that it was beautiful, everyone loved it and that it was not hurting anyone. Apparently one or more people simply sought to impose their will onto this lovely ‘specimen’ Eastern Red Cedar tree – to go against the town’s (supposedly) strict rules (recently bolstered in the LMO) and to sentence this lovely ancient tree to it’s death.
Besides imposing ‘mitigation’, nothing can be done after the fact. So this is extremely sad… not only for myself and everyone who enjoyed it’s great beauty on this walkway – plus the amazing shade it offered on an otherwise sundrenched beach walkway – but the migrating birds and other wildlife that found it a source of life! My sincere thanks to this tree for it’s many amazing years of presence! I’m truly sorry that I could not protect you from those with malicious intent. However, please rest assured that I will be planting more of your kind. My favorite tree…the Eastern Red Cedar – Juniper Virginiana.
