Written by Amber Skinner | 30 July 2010

A standing-room-only crowd overtook the Old Orr's Island Schoolhouse July 14 for a special Selectman's Meeting to discuss the recent closure of Cedar Beach on Bailey Island by its current owners Charles and Sally Abrahamson. All three Selectmen, Jim Henderson, Elinor Multer and Mark Wallace, as well as Town Administrator Kristi Eiane and Deputy Administrator Terri Sawyer, were in attendance.
The meeting was prompted by actions taken by the Abrahamsons to stop access to Cedar Beach. They have posted signs and put a log blocking the trail down to the beach. The easterly side, Robinhood Beach, remains open to the public. While the signs imply the beach is closed because of an action by the Town, Henderson made clear that Cedar Beach is "closed due to an Abrahamson decision." He also cleared up some misinformation put out by a local media outlet that the Town might "proceed with eminent domain. That is not under consideration."
According to Henderson, the issue started "quite a few months ago" when the Abrahamsons approached the Town with an offer to sell it a right of way "across their property and the road" to Cedar Beach, for a "substantial," but undisclosed, amount. Despite the cost, the Selectmen felt "an obligation to consider" the offer. Meanwhile, the Town's lawyer Sally Daggett suggested a Public Easement of Prescription may have been established by the "continued traffic over the property over a long period of time," Henderson explained.
Easements by prescription are easements that arise even though they are not expressly created or recorded. It is similar to adverse possession, although prescriptive easements do not convey the title to the property in question, only the right to utilize the property for a particular purpose and often require less strict requirements of proof. Laws and regulations vary, but generally the use must be open, actual and continuous. Right of way for access is the most common easement by prescription.
John Forrer of Bailey Island, who, as a property developer, has been involved in similar issues said he has "never seen a clearer case of prescriptive rights" than the current one at Cedar Beach. The public has had access to Cedar Beach and Robinhood Beach for at least 80 years, according to resident recollections. "This has been around since before you were even thought of," Shannon Langston of Orr's Island said. "It is historically ours (the islanders). If it's cut off, it will be a sad day."
"Our goal," Henderson said, speaking for all of the Selectmen, "is to provide continued access to Cedar Beach, whether that is through a public easement or some other solution."
Other possible solutions include offering the beaches to the State to develop into a State Park, investigating other property owners who have left access to the beaches in their wills, and, of course, buying the right of way from the Abrahamsons. Henderson said the Selectmen are open to suggestions and will consider each one. "To say 'We're working on this' is not a bureaucratic response. This is serious business," he said.
To determine whether an easement by prescription has been established, the Town developed a survey to quantify how and for how long Cedar Beach has been used by residents and visitors alike. "The Town hopes the survey will help get sufficient evidence to take a legal route, if necessary," Henderson said. The survey is available at Town Office, 263 Mountain Road, and online at www.harpswell.maine.gov. Everyone who has visited Cedar Beach, whether they live in Harpswell or not, is encouraged to fill in and submit one. The deadline to return the survey is "Labor Day or shortly thereafter," he said, adding "By January, we'd like to know where we're going with this."
As of July 20, the Town had received 294 surveys and those had been forwarded to Daggett for review, Sawyer said.
The possible legal costs were also briefly discussed. "The cost of pursuing this issue would probably be more than (what is in) our budget (for legal counsel)," Multer explained. "But we are not shying away." Moving forward with this issue, in whatever form, will require a vote at Town Meeting in March.
Most of the July 14 meeting attendees, including long-time Islands residents, seasonal residents and many with property in the Cedar Beach area, expressed deep frustration and disappointment with the Abrahamsons' actions.
Phil Dudley of Bailey Island said he's been using Cedar Beach his whole life. "I don't think it's right for (the Abrahamsons) to claim something that isn't [historically] theirs to claim," he said.
Dana Baggett, who lives on Cedar Beach Road, said, "It's inconceivable to me to claim the public hasn't the right to use the right of way - they've been using it a long time."
Although the Abrahamsons did not attend the meeting, their lawyer Rick Abbondanza did and spoke near the end of the gathering. He explained that the "Abrahamsons want to continue the status quo," but were concerned that if "they moved away, the new owners might shut off access to the beach." This concern prompted the Abrahamsons to offer to sell the beach access to the Town, he said.
"They want continued public access, but how do we get there?" he continued. "They want a solution that works for everyone."
An audience member shouted: "Why don't they donate (the right of way)?" but the question went unanswered by Abbondanza.
Charles Abrahamson was unwilling to be interviewed for this article.
Called "sacred," "a little piece of heaven" and "a place we carry with us" by various speakers, Bobbi Helfgott of Bailey Island believes Cedar Beach to be a "beautiful equalizer because anyone can go.
"Please, please keep that beach open."