Sylvan Township permit order leaves American Legion fundraisers in question
Jeff Gunnis, commander of the American Post No. 31 in Sylvan Township, addresses the Township Board at a meeting March 1.
Lisa Allmendinger | AnnArbor.com
American Legion Post 31 in Sylvan Township was dismayed last month by a township order that stipulates it must obtain a costly special use permit for one of its two annual fundraising events.
In early February, Jeff Gunnis, commander of the post, received a letter from Tom Caplis, the township’s zoning administrator, stating the Legion would have to apply for a special use permit for its chicken broil and any future public activities that it might have planned.
The zoning official’s letter states, “Recent township attorney opinions determined that the chicken broil is an illegal expansion of a non-conforming use.”
Every July 4 since 1983, the post has held a chicken broil at its building at 1700 Ridge Road, while since 1972, on the first full weekend in February, it's held an annual Winter Carnival. Together, the two public fundraising events are major sources of revenue for the Legion.
But this year, if the post plans to hold its chicken broil or another public event, it must apply for a special use permit, which will cost a non-refundable $900 fee, plus $2,500 in engineering and attorney fees.
It's up to the township's Planning Commission to approve the permit.
If the Legion does not apply for the permit, the post will be ticketed for the “illegal expansion of a non-conforming use,” which can cost up to $500. The Legion makes about $8,000 a year on both events, money that's used to maintain the building and property on Cavanaugh Lake. The rest is put back into the community, said Craig Maier, Legion financial officer. “While this would significantly diminish our resources, regardless of what happens, we will not allow this to significantly diminish what we do for the community,” Maier said.
Built sometime after World War I, the Legion hall is considered a “protected, non-conforming structure” and until this year, the township has never asked Legion members to get a permit for either event held at the Ridge Road location.
But following the Feb. 9 letter from the township, about 15 Legion members attended a Township Board meeting March 1 to protest the permit requirement.
Gunnis said, "To the best of my knowledge, the permit request was instigated by one individual who is taking exception to the Legion’s activities," which bring additional people and cars to the Ridge Road location a few days a year.
Applying for a permit is “a lot of money for the post to spend,” Gunnis said.
When asked how many complaints there had been about the Winter Carnival, Caplis said that he had heard only one complaint from Trustee Scott Cooper, who lives on Cavanaugh Lake.
Cooper said he was not trying to block Legion activities: “I’m supportive of their activities, but there is a revenue-sustaining adjunct to this because we are not asking people to apply for a permit for these activities.”
Officials said that the two events at the Legion post are the only public events held each year in the township.
Cooper said he also disagreed with two township's attorney’s opinions that the Winter Carnival predated the township’s zoning ordinance and was therefore protected from having to apply for a permit.
Caplis disagreed, saying the carnival is "a legally prior existing non-conforming use.”
But the chicken broil is another issue, since it's a matter of debate whether the event predates the ordinance, which was adopted in 1974.
The chicken broil began in the early 1970s, Maier said, and was held at the Chelsea Community Fair Grounds “for more visibility,” and then moved back to the Legion post in the early 1980s, meaning the event was not technically continuous.
The Winter Carnival was first held on the Legion’s 1.2-acre property in 1972 and features an ice fishing derby, a euchre tournament, a chili cook-off and a dance.
Proceeds from the two events fund such events as the Memorial Day Parade and military funerals. Money also goes to assist with maintenance costs for the Veteran’s Memorial in Chelsea, putting flags on veteran’s graves in local cemeteries, stocking fish in Cavanaugh Lake, and helping veterans at the Veteran’s Hospital in Ann Arbor, as well as for various scholarships, Gunnis said.
“The fundraisers allow us to be active in the community,” he said. “We help give a voice to veterans who can’t speak for themselves.”
There are about 218 male and female members of the post, Maier said.
"The Legion is investigating and considering all its possible options," Gunnis said.
Lisa Allmendinger is a reporter with AnnArbor.com. She can be reached at lisaallmendinger@annarbor.com. For more Chelsea stories, visit our Chelsea page.
Comments
USAFVet
Tue, Mar 8, 2011 : 10:16 p.m.
It will be fairly obvious from my comments that I'm a Legion member. This is simply the latest attempt in a long line of such attempts by one individual to handcuff the Legion and therefore put limits on the work they are able to do in the community. This individual, by way of his previous association with another local entity, has been doing things of this nature for years. It has nothing to do with public safety or people following the rules. These are just veiled attempts by this individual to inhibit the work of the post. There have been numerous instances of accusations of littering the lake during the winter carnival, which MAY have been true but have long ago been rectified. There is a thorough sweep of the lake done each day and the day following the event. There have been numerous accusations of allowing non-post personnel access to they lake via post property, even though access can be obtained via the County Park. The Legion has been diligent in stepping up it's policing of lake access in response to these concerns. There have been FOIA requests for records relating to repairs and improvements to the property, ostensiby to find work done without permits. There wasn't any. Should one individual be allowed to dictate to the larger group when, where, and for what reasons they can peaceably assemble? Should that individual be able to force change to a situation that existed in an area long before he moved there, a situation which has been for the most part agreeable to the other residents? The Legion has always been reactive to the concerns of their neighbors, but this latest action amounts to harrassment.
Gary Lillie
Tue, Mar 8, 2011 : 8:20 p.m.
To Scott Cooper. The Legion was there before you bought a door or two away. I doubt your actions were motivated by concern for the township. For those on the lake who think the Legion is a nuisance. That is the equivalent of those who built next to a farm and then complained about the smell and dust, which is why the Michigan Right to Farm Law was written; or move in next to an airport and then complain about the noise. Pure selfishness on top of disruption of the hard work and economic risk of others. For those who seem to hold veterans in disdain. I can speak out of experience not of the sheer terror of combat and the sight of friends torn to pieces, but I can speak of the hour after hour, day after day, week after week, month after month of sheer exhaustion in conditions of130-degree heat combined with near-100% humidity in one season, versus the skin-wrinkling, sore producing, feet rotting conditions of the monsoons where I was fortunate in only having to perform 12 hours of hard labor per day with a weekly bunker watch. The grunts didn't have the luxury of 12-hour days or a roof over their heads at night, unless you call triple canopy a roof. Hell no - veterans don't deserve any extra consideration. They only kept you safe so you can practice your lack of gratitude. By the way I was speaking of Vietnam Vets, but not in the least diminishing other veterans. The military is a difficult and dangerous job even in peace time. But for veterans it is a gift that keeps on giving. Of the 2.85 million who served in Vietnam or close off-shore, according to DOD only 800,000 of us are left alive. Statistically, there should be WWII vets left when we are all gone. You're welcome, Scott, et al.
Louhi
Tue, Mar 8, 2011 : 4:26 p.m.
I concurr with the basic sentiment that Sylvan Township is digging for revenue. I suspect the reason for this required permit is less about safety, andmore about the desire to collect "something" from the Post. Unlike most non-profit organizations, such as the Moose Lodge, Legion Posts are exempt from paying property taxes. The event permit cost is unbelievable.
julieswhimsies
Mon, Mar 7, 2011 : 8:13 p.m.
I don't read too many posts that really make me angry. This one did just that. Shame on you , Mr. Cooper! I hope Sylvan Township pays attention and recalls this small man.
Edward Vielmetti
Mon, Mar 7, 2011 : 6:13 p.m.
Contact information for all Sylvan Township trustees can be found here: <a href="http://twp-sylvan.org/contact/contactboard.html" rel='nofollow'>http://twp-sylvan.org/contact/contactboard.html</a>
jcj
Tue, Mar 8, 2011 : 7:35 p.m.
What about Tom Caplis, the township's zoning administrator and the township attorney?
J. Zarman
Mon, Mar 7, 2011 : 6:02 p.m.
One key purpose of the permit process is for the municipality to deny unsafe or unsuitable uses of property. Fees for events by nonprofits should cover the cost of considering the event permit request, and not raise extra revenue for the township.
bruceae
Mon, Mar 7, 2011 : 5:41 p.m.
You can always email or call him and tell him what you think. Obviously he is "out of touch" with his voting base. SCOTT E. COOPER, Trustee 17545 Cavanaugh Lake Rd. Chelsea, MI 48118 Home: 475-4235 campcav@comcast.net
CobraII
Mon, Mar 7, 2011 : 5:07 p.m.
Pay the fine, its cheaper!!!
zip the cat
Mon, Mar 7, 2011 : 4:45 p.m.
If it were me I'd have all the gatherings I could have and when they issue the tickets I'd go to court and demand a jury trial and see who gets fined. A real frigging farce. I'd also DISREGARD any thing scoot cooper says ,he is talking out his rear
Mike
Mon, Mar 7, 2011 : 4:21 p.m.
How un-American is this? This is why people are upset about government intrusion into our lives. It looks like the attorneys need a new source of revenue. Why not do some ambulance chasing or bothering business owners who aren't in compliance with some statute or code? We as citizens need to stand up against this kind of government bullying. Just like the kids who were told they need a permit to sell lemonade. What is happening to this country? Too much political correctness, rules, and ordinanaces take away our freedoms one at a time, piece by piece. Not the country I remember growing up in. If young people don't get involved they won't be able to go to the bathroom without a permit.
clownfish
Mon, Mar 7, 2011 : 8:17 p.m.
Actually this is VERY American. A citizen/elected offical brought a concern to the board of an elected entity. The board looked at his complaint, asked the advice of it's attorney, held public hearings on the matter then issued a finding. Isn't that the way it works in America?
BobFox
Mon, Mar 7, 2011 : 3:55 p.m.
Scott Cooper is demonstrating that his thinking is small minded and narrow. Isn't anyone asking what is best for the community? Veteran's and other fraternal organizations enhance community life and should be helped not hindered. Scott Cooper is obviously anti-veteran. Shame on you Scott!
J. Zarman
Mon, Mar 7, 2011 : 3:13 p.m.
Are we to say, enough of us are fond of veterans, that they are permitted to hold their event at a site far too small to safely accommodate all those attending? Do we then permit unreasonably large events held by other groups that a lot of us like? Do we tell the township to leave the Methodist Church alone? Lay off the Rod & Gun Club? Where does it end?
Cash
Mon, Mar 7, 2011 : 5:34 p.m.
It sounds like Bizarre Man is the only one saying the site is too small. I don't hear anyone else saying that. Who says the event is "unreasonably large"? You. No wonder these are the only two public events in the township...talk about an unfriendly place!!
Mike
Mon, Mar 7, 2011 : 4:23 p.m.
It ends either with all functions controlled by the government to keep pinheads like you happy.
denise1inaa
Mon, Mar 7, 2011 : 3:02 p.m.
I have to side with the Vets . . . the township should grandfather in the Lodge's 2 activities. I am getting sick of being nickel and dimed to death by the local and state governments and this is what Sylvan Township is doing in this case. This year my property value decreased yet my taxes went up, go figure?
AA
Mon, Mar 7, 2011 : 2:53 p.m.
This society is crumbling under the weight of all these fees and taxes. We should not put up with this systematic robbery of are hard earned incomes any longer.
xmo
Mon, Mar 7, 2011 : 2:42 p.m.
Why do we treat animals better than we treat the American Legion, who veterans defended our country? If this was a field mouse in danger of extinction we would do everything possilble to stop encrochment but with our veteran organizations we treat them like horse excrement! Sounds like time for a recall!
clownfish
Mon, Mar 7, 2011 : 2:40 p.m.
Whether they are veterans or not should have zero bearing on how the twp views the events, the twp should treat all equal. The questions are does the event violate twp rules and/or is it a danger to the surrounding community and then how much does it cost the twp to police such and event. It is kind of sad the one guy that sits on the board and lives near the post is the impetus for such a divisive new ruling. Is the $2500 "attorney and engineering fee" one time or annual? If it is a one time charge so the twp can establish parking, police presence guidelines etc then that is not so bad. If it annual then it is not good at all. Way too much for such an event. If the event has outgrown the venue, then that is a whole other story and should be discussed along those merits. On the surface it looks like govt over reach, but considering the lake area has more than quadrupled in population and traffic since the beginning of the event the people that live in the area should have their concerns addressed too. Sounds like another public meeting is in order, with the Cav Lake residents association present and voting on what they need to see at this fund raiser.
jcj
Tue, Mar 8, 2011 : 7:27 p.m.
@clownfish How many of these events have you attended? Though I have only "attended" a couple of the winter carnivals I do observe many since I have in-laws on the lake. I have never seen any police presence . Where was Trustee Scott Cooper when the residents of Sylvan Township got jobbed over the new sewer?
Stephen Landes
Mon, Mar 7, 2011 : 2:29 p.m.
This is ridiculous. Leave the American Legion alone! If the Legion's events are the only ones in the township maybe this regulation was really directed at them or maybe the fees are so high that no one else would even contemplate applying. Either way the imposition of such high fees seems to me to be a sign of an overbearing government -- certainly NOT what the members of the American Legion fought for.
Bob Martel
Mon, Mar 7, 2011 : 2:18 p.m.
The American Legion folks should follow the law as I am sure they will, and a reasonable fee would be reasonable. However, the $3,400 total is outrageous.
Dcam
Mon, Mar 7, 2011 : 2:59 p.m.
Most so-called 'laws' of this kind are merely a means to get people to pay for the privilege of not following the 'law', which is quite common in this country. If you don't pay the fee, you can't break the law.
Cash
Mon, Mar 7, 2011 : 2:41 p.m.
"Officials said that the two events at the Legion post are the only public events held each year in the township. Cooper said he also disagreed with two township's attorney's opinions that the Winter Carnival predated the township's zoning ordinance and was therefore protected from having to apply for a permit. Caplis disagreed, saying the carnival is "a legally prior existing non-conforming use." But the chicken broil is another issue, since it's a matter of debate whether the event predates the ordinance, which was adopted in 1974. The chicken broil began in the early 1970s, Maier said, and was held at the Chelsea Community Fair Grounds "for more visibility," and then moved back to the Legion post in the early 1980s, meaning the event was not technically continuous. The Winter Carnival was first held on the Legion's 1.2-acre property in 1972" That really says it all...one man who lives on this lake is raising the issue. These are the ONLY two public events held in this township. This is purely aimed at the legion not at any other group in the township.
thomas tanner
Mon, Mar 7, 2011 : 2:10 p.m.
As a resident of Sylvan Township currently working with the military in Afghanistan I am ashamed to read this article. Appearantly Mr Cooper doesn't like all the people on "his lake" and has used his position at the township to do something about it. Hey township board, lets do something constructive at your meetings, things like digging us out of the hole that previous administrations have put us in with the sewer/water issues. Lets not alienate the very men and women that have given you a right to live in a free society or better yet come on over here to Afghanistan and check out what our brave soliders are doing on a daily basis to keep you safe and free. Then you can join with the Legion to support all the good they do for our community.
J. Zarman
Mon, Mar 7, 2011 : 2:03 p.m.
Every municipality regulates special events and use of private facilities for major events. Those of you posting comments here, do you really mean to say that the American Legion doesn't need to follow the rules? (A permit fee of $900 is comparable to neighboring townships' fees. That $2500 extra fee is outrageous and should be opposed by Sylvan Twp. residents.) Truth of the matter is the Legion hall lacks the parking capacity (the whole parcel of land is only 1.2 acres!) to hold anything but the smallest event. Ridge Road is not designed for the heavy flow of traffic for these two annual events. Dozens of vehicles parked on both sides of the road puts everyone exiting or entering a vehicle at risk of being struck by another vehicle, especially young children. If township officials are concerned about public safety, they will deny permit requests for these events. The good outcome is for these popular events to be held at a larger, suitable facility. I have confidence that the American Legion can make this happen.
jcj
Tue, Mar 8, 2011 : 7:15 p.m.
I think you've nailed it Cash! As someone that has been to a couple of the winter carnival's but not the chicken broil. I have on numerous occasions since their inception driven down Ridge Rd while these were in progress. It is tight but not a major inconvenience a couple days a year. Is it coincidence now that all the small cottages are being bought up and replaced with mansion for those rolling in the dough and used to getting their own way? Now there is a problem with these events?
lenawee2012
Tue, Mar 8, 2011 : 4:47 p.m.
Thanks for your service American Legion Post 31 members. Shame on Mr Cooper. Wasn't the Reveloutionary War fought because of unfair taxes?
Cash
Mon, Mar 7, 2011 : 2:34 p.m.
Sounds to be like these two events are very popular in the community for 99.9% of the citizens......except one or two. So, I'd say They should close the road for the event People should watch their young children, as I would assume they would need to do ALL of the time I am appalled by the disrespect to this group of veterans. Shame on those who pushed this issue. Recall time.
Go Blue
Mon, Mar 7, 2011 : 1:40 p.m.
Thought we elected officials to help solve, not create, problems. Sounds like a mega ego is trying to show off and flaunt its authority. What's wrong with using the approach "let's make this work for all parties involved ?" What is needed is for an attorney to step in on behalf of the Legion and handle this nonsense for them. Is the township that desperate for money? What's next--churches? Graduation parties? The absurdity is embarrassing.
Steve Pepple
Mon, Mar 7, 2011 : 1:32 p.m.
Please do not write comments in all capital letters - it is considered the online equivalent of shouting and is a violation of our conversation guidelines.
jmac
Mon, Mar 7, 2011 : 1:09 p.m.
How are non-profits supposed to hold fundraisers that actually raise funds in Sylvan Township?? These special permit fees literally kill any chance that a group could hold an event and hope to make any $$. And what exactly are these fees for/what do they pay for? For someone to look and file paperwork?? Crazy crazy crazy...
InsideTheHall
Mon, Mar 7, 2011 : 1 p.m.
Greedy grubby government hands in action again. All veterans should storm the next Township meeting in Sylan and watch em all fold like cheap suits on a muggy aftyernoon. Would be real real interesting to see a breakdown of Township costs on this. It might reveal the Township leaders are an elite vanguard instead of public servants. The highest probability for government fraud and abuse is at the local level because no one is watching them.
DFSmith
Mon, Mar 7, 2011 : 12:51 p.m.
This is obviously the case which Mr Cooper has instigated due to his own ulterior motives. Shame on him.
Awakened
Mon, Mar 7, 2011 : 12:50 p.m.
After all, what have these veterans ever done for us?
SemperFi
Mon, Mar 7, 2011 : 2:37 p.m.
Whoa boys! I think there's some sarcasm being used here.
Cash
Mon, Mar 7, 2011 : 2:35 p.m.
Awakened was being sarcastic. If only computers had a sarcastic font.
Bob Martel
Mon, Mar 7, 2011 : 2:16 p.m.
Hang on "OldTimer3," I am virtually certain that "Awakened" was being sarcastic.
OLDTIMER3
Mon, Mar 7, 2011 : 1:31 p.m.
If you think these VETERANS haven't done anything for peoples rights around the world why don't you move to Lybia or China or one of those countries and complain.
Jimmy McNulty
Mon, Mar 7, 2011 : 12:07 p.m.
Wow, Sylvan Twp really has a problem with veterans and the American Legion. The article states the Legion makes about 8K from the 2 events. Now, they would have to pony up $900 + $2500 per event? That's $7800 in fees to make $8000. This is outrageous bureaucracy at its finest.
SemperFi
Mon, Mar 7, 2011 : 2:36 p.m.
It's actually $6800 in fees, but I get the point. It's a ridiculous amount to charge for a couple of event permits.
average joe
Mon, Mar 7, 2011 : 12:04 p.m.
" The zoning official's letter states, "Recent township attorney opinions determined that the chicken broil is an illegal expansion of a non-conforming use." "... if the post plans to hold its chicken broil or another public event, it must apply for a special use permit, which will cost a non-refundable $900 fee, plus $2,500 in engineering and attorney fees." Gee, does the attorney who said they were not in compliance also happen to be the one who will garner some of the permit fees?
Cash
Mon, Mar 7, 2011 : 12:03 p.m.
Unbelievable!! Hey, Mr Cooper are the Vets putting flags on graves littering? You'd better check that next. Going after those pesky Girl Scouts for selling cookies after that? Really with all of the negative hateful things in society today, you want to pick on a group of veterans who fought so YOU could run for office freely. And now they support the community and the sick and dying at the VA Hospital....and you want to take their money? And come on...... $3400.00 in tax/fee to the township and your lawyers? We need to have an AnnArbor.com Grinch of the Year award. And to start early I nominate Scott Cooper. Time for a recall election in Sylvan Township!
tdw
Mon, Mar 7, 2011 : 1:16 p.m.
Well Cash, this is one of the rare occasions that I agree with you 100%
DFSmith
Mon, Mar 7, 2011 : 12:50 p.m.
Agree fully with Cash. Looks like Mr Cooper is instigating this whole situation, just so he isnt inconvenienced on 2 days of th e year.
ronaldduck
Mon, Mar 7, 2011 : 11:47 a.m.
"a non-refundable $900 fee, plus $2,500 in engineering and attorney fees." Or "ticketed for the "illegal expansion of a non-conforming use," which can cost up to $500." Seems like a no brainer to me. Also seems like a no brainer who not to vote for in the next election Trustee Scott Cooper.