Letter: In Support of Property Rights in the face of Government Overreach

The following letter was written and submitted to the Board of Zoning Appeals by citizen Elise McMath. Ms. McMath, in defense of a BZA appeal by longtime local Frank Wendell, eloquently touched on foundational American concepts — property rights and government overreach. During the last four years, we have witnessed the lengths that the government will go to silence and subject citizens to its will. The Wendell case revolved around whether a citizen could use an undeveloped lot, that they own, for personal use–in this case, parking a retired bus that was converted into a recreational vehicle. Mr. Wendell won the appeal.

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I am writing to express my strong support for Frank Wendell Jr.’s appeal regarding the recent administrative ruling affecting his property at 515 Monroe Ave and the adjacent lot on Madison Ave, which extends from the backyard of his primary residence.

To provide context, my 1909 home on Tazewell Ave has housed five generations of my family. Frank, my father’s first cousin, shares a similar heritage, with his family having contributed to our town’s history since their arrival from Austria in 1884. Frank is a dedicated community member who maintains the landscaping of his property with great care, even assisting my family with our property’s maintenance during a difficult time after my father’s passing. His commitment to our shared public spaces further illustrates his devotion to the town’s upkeep.

Frank’s family has owned their home and the adjacent lot for over 120 years. His father, the late Francis Wendell Sr., served on the Cape Charles School Board for over forty years, and Frank served on town council for sixteen years. Frank now occupies the very house his father was born in. The legacy of the Wendell family is deeply rooted in the history of Cape Charles, starting from their humble beginnings as sharecroppers who worked a farm that is now part of Bay Creek, and evolving into successful business owners, one of which still operates today on Madison Avenue. Frank’s great grandfather and grandfather hauled the bricks used to build the St. Charles Catholic Church and returned home each night to their families with blistered and bleeding hands. It is essential to acknowledge that the lot in question historically housed the horses, wagons, and other vehicles needed to haul the materials that were used to build many of the historic structures we all know and love, and some level of respect ought to be shown to the Wendells for their significant contributions.

Frank and my father, both born and raised in Cape Charles, fondly remember a time when the town thrived year-round, filled with bustling businesses and lively neighborhoods of families and children. Central Park, now known for its Saturday night concerts, was once the backdrop for their high school glory days as captains of the football team. It’s absurd to suggest that a lifelong resident with deep community roots could undermine the town’s charm; such claims overlook the rich history we embody. As one of the few remaining families with longstanding ties to Cape Charles, we have weathered both economic prosperity and decline. While many long-term residents have been displaced by rising costs associated with the recent vacation rental boom, we continue to welcome new residents. However, our experiences stand in stark contrast to the narrative some promote—that they have “saved” the town. Cases like this would suggest the opposite.

I oppose this ruling because it infringes on my property rights. The administrator’s claim that parking on undeveloped lots constitutes illegal parking in the R-1 zone is flawed. There are legitimate parking areas within R-1, like the St. Charles Catholic Church’s lot. I mention these examples to stress the need for consistent enforcement, not to promote similar violations.

The combination of the R-1 zoning ordinance, which does not address parking, with the standalone definition of a parking lot, raises serious questions about administrative authority and fairness. If the BZA supports the administrator’s merging of two seemingly unrelated ordinances to make unsupported assumptions, it undermines the foundational purpose of zoning regulations. This grants the administrator the power to create selectively enforced rules. It would be more beneficial for the town council to clarify zoning ordinance 3.2, ensuring equitable enforcement and eliminating ambiguity.

The selective enforcement based on a neighbor’s complaint indicates that the zoning department should focus on enforcing specific ordinances, rather than subjective concerns about visual appeal. Unlike a homeowners’ association, the zoning administrator’s role is to uphold clear laws, particularly in a historic district without an HOA. Upholding property rights and ensuring consistent standards for all residents are essential.

If the town were to enforce the combination of these two ordinances consistently, I believe it would find the issue to disproportionately impact long-standing residents like us. If I had concerns about my neighbor parking a vehicle on his vacant lot, I would prefer to address them directly with my neighbor before resorting to an administrative process that could result in significant fees for my neighbor and strained relationships. Not to mention, such enforcement could contradict the town’s priorities by forcing residents to park on the street, worsening the existing parking shortage.

Ultimately, this ruling lacks support from the cited ordinances and restricts our property rights. Its implications could exacerbate the divide between long-term residents and newcomers, undermining the spirit of respect and cooperation that is essential for a thriving community. It’s crucial that we stand by community members like Frank, who represent the living history of Cape Charles, and encourage open communication among neighbors before escalating matters to the authorities.

Thank you for considering my perspective as you review this appeal. I hope you will choose to protect our property rights, encourage off-street parking, and support Frank Wendell Jr. in this matter.