On July 28, 2004, our Community unanimously adopted this Vision:
THE SPERRY'S BEACH AREA:
REMAINS DEDICATED IN PERPETUITY
FOR THE BENEFIT, EDUCATION AND ENJOYMENT
OF PRESENT AND FUTURE GENERATIONS
IS PROTECTED AS A SIGNIFICANT, PUBLIC AND SENSITIVE
ENVIRONMENTAL AND RECREATIONAL RESOURCE
AND AN AFFIRMATION OF OUR CULTURAL AND NATURAL HERITAGE
SO AS TO LEAVE IT UNIMPAIRED
FOR THE BENEFIT AND ENJOYMENT OF FUTURE GENERATIONS
This wording is adapted directly from Section 2 of the NS BEACHES ACT
Anything THIS COLOUR is a link to something
The Report that follows below was delivered to a public meeting held in the Petite Riviere Fire Hall on June 25, 2005
You can skip to Updates since that time HERE
Approximately 60 people attended, despite a province-wide health warning due to extreme heat and humidity conditions.
We were joined by Kerry Morash (MLA- Queens and Minister of Environment and Labour), Joan Massey (MLA- Dartmouth East and NDP Environment critic) and Leo Glavine (MLA- Kings West and Liberal Environment and Natural Resources critic).
We had invited Richard Hurlbert (MLA- Yarmouth and Minister of Natural Resources), but learned June 15 from a Bridgewater Bulletin reporter that he would not attend- he never bothered to reply to our invitation. We had also suggested that Diane Rowe (DNR Senior Solicitor) and Bruce Turner (DNR Surveyor) be present, but neither of them- (nor any other representative of DNR) showed up. We had also invited Bridgewater lawyer Patrick Morris to speak to his 1998 Letter of Opinion re ownership of Sperry's Beach, but he declined to do so.
The Sperry's Beach Committee was mandated
- to take ACTION
- to achieve OUTCOMES
- in four Community-identified PRIORITIES.
ACCESS
RE-ESTABLISH UNOBSTRUCTED PUBLIC ACCESS TO SPERRY'S BEACH
ACTION
- to accept an offer from a law firm to engage in a process which will
- by discovery if possible
- by court action if necessary
re-establish unobstructed public access by permanent prescriptive easement
Research by our legal advisor identified many past judgements in which individuals have successfully claimed a prescriptive easement (right to cross) over private land. No Case Law was found where a general public easement resulted from multiple individual claims.
Most importantly, however, an application for an easement requires as a starting point the identification of private lands which need to be crossed.
As our research has identified no documentation to support any private land holding on the water side of the 66 foot right-of-way, we have expanded our focus to clarify public ownership of the entire Sperry's Beach area.
ACTION
- to confirm a banking arrangement with The Friends Of Crescent Beach whereby the Friends will receive and issue receipts for donations, keep those funds in a separate bank account dedicated to the Sperry’s Beach legal process, and account for them
Cash donations may be sent to
Friends of Crescent Beach, Green Bay and Area Society
Box 1A1 (not PO Box, please)
Petite Riviere, NS
Canada
B0J 2P0
Please write "Sperry's Beach" on the face of a cheque or money order
and don't forget to visit the
Friends of Crescent Beach
website!
From here down, ACTION items were delivered in a series of four letters
the results of which will be explained in subsequent pages
WETLAND
RE-AFFIRM CROWN TITLE TO THE FORMER WETLANDS
AS THEY EXISTED PRIOR TO WATERCOURSE OBSTRUCTION AND INFILL
ACTION
- to request that DNR engage the independant arms-length expertise of Dr David Woolnough to confirm, by aerial photography analysis and survey data, the extent of the Crown lands formerly occupied by the now-destroyed tidal wetland, as they existed prior to watercourse obstruction and infill
ACTION
- to request that NS Environment immediately commence periodic foecal coliform testing of the run-off from the former wetlands upstream of the culvert to protect public health and safety
ACTION
- to request that MLA Kerry Morash meet as soon as possible with those members of the community with first-hand knowledge to
- re-establish the boundaries of the two burial grounds on Himmelman property
- provide unobstructed public access to the burial grounds
- ensure that public safety is ensured when cattle are present on adjoining lands
COASTLINE
RE-AFFIRM CROWN TITLE TO THE LANDS BELOW THE ORDINARY MEAN HIGH WATER MARK
AS IT EXISTED PRIOR TO THE INFILLING OF 1996 AND 2004
ACTION
- to request that the Department of Natural Resources engage an arm’s-length third party Dr David Woolnough to confirm by aerial photography analysis and survey data the location of the Ordinary Mean High Water Mark as it existed prior to the infilling of 1996 and 2004, with surveyed reference to the existing 66’ Department of Natural Resources right-of-way
OWNERSHIP
PROTECT SPERRY'S BEACH AREA AS PUBLIC RECREATIONAL LAND
ACTION
- to request that the Minister of Natural Resources use his powers under the Beaches Act (Determination of Beach Area) to include those lands:
- to the landward of mean high watermark
- below the surveyed right-of-way
- from the one-way culvert to the end of the right of way
as part of the beach
ACTION
- to request that the Minister of Natural Resources use his powers under the Crown Lands Act and Beaches Act to determine the extent of clear title held by the Himmelman estate to those lands
- above mean high watermark and
- below the surveyed right of way
- from the one-way culvert to the end of the right-of-way
If clear title cannot be established, to cause the removal of the fence on the seaward side of the right-of-way by Ministerial Order. If clear title can be established, to trade clear title for the former tidal wetland in exchange for those lands
ACTION
- to request that the Municipality of the District of Lunenburg obtain title to the consolidated beach lands from the Department of Natural Resources
ACTION
- to begin discussion with the Municipality of the District of Lunenburg that will result in community-based co-management of the area
NEXT