Eastern Red Cedar tree – Missing!
This beautiful Eastern Red Cedar tree (Juniperus virginiana) was likey over 200 years old (estimated from it’s size). For as long as anybody knows, it had been on the land belonging to Ms. Josephine Driessen, even after 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 simply choose to ignore that it is a ‘private’ walkway – even though most properties do not have a legal associated easement allowing for it’s use (nor is there any HOA entity with easement rights). The public park was the only legal beach-access for the majority of homes on Bradley Circle.
Taking this viewpoint to the extreme, in May of 2023, a neighbor (and Ward 4 Representative), met with the Town Safety Director and staff on location, and later that day the Town erected a blockade of this neighborhood’s pedestrian access to Driessen Beach Park from Bradley Circle. The pedestrian access was the only way to access the beach-access boardwalk located inside that park. Additionally, it had always been the ‘neighborhood park’ for Bradley Circle residents and guests – even long before the land was purchased by the Town from Ms. Josephine’s brother – Henry Driessen, in 1991. He made several legal agreements with this Town in an effort to make sure that legal access to the park (named in his honor) would continue for his sister Josephine’s land – so that everyone could continue to enjoy the open space, the park amenities and the park’s beach-access boardwalk.
The fact is that the incredible public boardwalk within Driessen Beach Park was (and remains / though unlawfully blocked) the only legal beach-access for the majority of properties on Bradley Circle that do not otherwise have private beach-access. In blocking it, The Safety Director claimed that the ‘private’ walkway was for everyone – so there was no reason to keep the ‘public’ park access open. Nevermind that the pedestrian-access leading into Driessen Beach Park from Bradley Circle was a dedicated public right-of-way for decades (legally secured with three separate agreements), and that all residents and guests 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). Even after he was informed of the truth, he and the Town have since chosen to ignore the facts. Part of that strategy, has been a refusal to accept the truth about the legal easements associated with the ‘private’ walkway.
All of this happened, because certain neighbors simply desired a more private and exclusive neighborhood for themselves (as much as this is even possible for a ‘non-gated’ neighborhood located on a ‘public County road’ with several points of entry). “Safety” was never a concern, as the park-access had ZERO police reports associated with it in over THREE DECADES of regular use. In fact, serious crimes have risen since the pedestrian-access was blocked! This is the ONLY neighborhood in all of Chaplin (and all of the island of Hilton Head), 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 isolated from this lovely neighborhood park, without cause.
For over two years, myself and others have been appealing to the town to re-open the pedestrian-access to this park – and have since been forced to initiate litigation in order to preserve our rights before the two-year mark. This has made me an enemy in the eyes of certain residents and Town officials. I’ve also spent a lot of time researching the private walkway, and property deeds, to learn which properties have a recorded easement and which properties do not. It turns out that the large majority of homes along Bradley Circle DO NOT have an easement to use this private walkway (the one this Town claimed everyone had a right to use, as a pretext for blocking our access to the park). They obviously ignored the fact that, as important as beach-access is for any ocean-oriented community, the ability to enjoy the open space and the park amenities are also extremely important to residents and guests.
These facts do not fit the narrative that these folks want everyone to believe… so I have become a target of hatred and ridicule. 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’ blocked the ‘only legal beach-access’ available to the majority of homes on Bradley Circle. The level of hypocrisy is hard to embellish. This is the same town that includes access to open space and parks as a number one priority in every Strategic Plan, and every planning document. Words do not matter when actions are otherwise.
Recently, Town officials went out of the way to prevent us from erecting a simple ‘private beach access’ sign on this walkway, by demanding a permit (and adding demand after demand to at first delay, and later withdraw the permit). After two months of unlawful demands, this effort eventually failed when I proved (with reference to the Town’s own LMO); that this demand was in-fact unlawful.
More recently, I asked the Town’s Tree Protection Officials to begin an investigation into who was responsible for destroying this 200+ year old Eastern Red Cedar tree. To date, that investigation has 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.
Though this Town has the power of licensing, and thus the power to demand answers, this is where the investigation stopped. 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, so close to the ocean, is highly uncommon. In fact, one sees far more Live Oak trees near the ocean then trees like this one. But someone apparently decided that they wanted it gone, without concern for the tree, 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 in any case a permit could only have been obtained by the owner of the land) – someone simply decided to destroy the tree, and continue to keep it a secret.
For those who know something about these trees… 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 – nevermind that it took several generations to grow so large (living thru the Civil War, for example) – nevermind that (nearly) everyone loved it and that it was not hurting anyone; it appears that someone simply felt the urge 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 possible ‘mitigation’, little can be done at this point. So this is extremely sad…not just for me… and everyone who enjoyed it’s great beauty on this walkway… and the amazing shade it offered on an otherwise sundrenched beach walkway – but the 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.
