The Board of Appeals (BOA) hearing was never, ever about the organizations who were/are renting from Legion Post 36. It is about the Legion’s attempt to pass along their Critical Area Non-Conforming zoning status as part of their property sale before going through due process as to what may occur on that property, especially in light of the Legion’s diminished activities over the past 10 years. No one would know better about the lack of activity than the residents of the Chesmar community who have lived in complete harmony with the organization for over 60 years.
This is about Critical Area stewardship. Non-conforming land use laws were made for special cases and were not meant to last forever. That is why there are “sun setting” procedures to return a property back to its former use – Critical Area Residential. Herein lies the argument.
The Legion’s original plan was to sell the property by parceling lots. The lots did not perk, at least not enough to warrant a successful return on investment. The land is boggy and the Legion’s failing septic was approved for mound, only.
With parceling failure, a sign “For Sale – Commercial” appeared on the property misrepresenting the ‘product,’ i.e. property is zoned Critical Area Residential, not Commercial. Purchasing in Chesmar 22 years ago, our Hogans agent, current listing agent for Post 36, was asked about the Legion longevity: She replied, “it would always remain a Legion, nothing much happens there other than meetings and the occasional event.”
Still looking for a sale, Legion leadership rented the facility to several non-profit organizations in late 2019 and unmanaged traffic activity increased until COVID restrictions stopped all activities until the fall of 2020 when another non-profit entity rented the facility with intent to purchase. Online information published by the entity revealed plans for major changes to the landscape and facility utilization that had never before been experienced by the Chesmar homeowners. This becomes a case for “abandonment” as the Legion failed to use consistently the non-conforming uses originally permitted, maybe out of compliance for more than 10+ years. It is public knowledge only a handful of members maintain the grounds – a key reason the organization was seeking to disband.
The BOA should not have permitted the entity to present information during the hearing as this is clearly a land use case between the Community and Legion. By night three, BOA attorney Christopher Drummond made a statement in essence saying same. A bit late as the Legion needed passionate pleas from the non-profit group to make the appearance the Legion membership was carrying through consistently with their abandoned mission.
Karen Kemp-Docksteader
Kent County
Barbara Ksquare says
Ms. Kemp- Docksteader – are you a member of the Legion post in question? I understand your stated objections to the BOA decision but take issue with your final comment that the Legion had abandoned their mission. Anyone involved in civic organizations knows how difficult it is to sustain forward movement as their membership ages. Younger adults don’t seem to join organizations as their parents and grandparents did. This does not, however, negate the mission of the organization. It just makes it that much harder to achieve. Finding another organization to serve the community is laudable on the part of the American Legion.
Karen Kemp-Docksteader says
Dear Ms. Barbara Ksquare:
My husband is a member as are several of our friends. I have served with several ladies auxiliaries over the years, but not at this Post. In fact, I was turned away when I inquired because “Post 36 did not want to have an Auxiliary again.” There was a significant issue/s between Post 36 and their Auxiliary and I was told “they kicked their ladies to the curb.” Sounds rude, doesn’t it?
In a recent Kent County News article, Mr. Sam Carroll, a 50 year+ member of C. Henry Price Post 246, post commander in 1983 and 1984, and county commander reports:
“Unfortunately, it (Post 36) has let a few members run the post into the ground. They should be held accountable for their actions. This is why Post 36 is being sold.
Post 246 has accepted 20 transfers from Post 36 in the last few years. Some members have transferred to other posts.
Post 36 kicked the ladies’ auxiliary out forcing them to meet at another location — which is pretty low-down.
They have folded and have disbursed their funds to various needy organizations in Kent County. In the Aug. 12 Kent County News, the post commander says that Post 36 will continue to welcome veterans. Who would want to belong to a post that has no ladies auxiliary?
Maybe the commander should have these members made accountable for their actions.”
This, Ms. Ksquare, is losing the mission and we see only the tip of this iceberg. And perhaps, if adults would set a better example of stewardship and volunteerism, more young people would be inclined to participate, my observation.
Finding another organization is laudable. Many in this community are public servants, volunteers, or work in education. The issue related to the Legion is their lack of use for many years of the non-conforming uses they were granted constitutes abandonment. That abandonment must be addressed through due process to protect the rights of the taxpayers. And, for me, the most important is the protection of the Critical Area Environment.
Sincerely,
Karen Kemp-Docksteader