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Morgan RV Resorts Appeals Town’s Park Model Ruling

October 24, 2011 by   - () Leave a Comment

The owner of Flagg’s RV and Cottage Resort in York, Maine, is asking the Appeals Board to reconsider its decision upholding a town order to remove park models he moved into the York Beach camper park this spring.

RVs are allowed in the park, but Code Enforcement Officer Ben McDougal has ruled that the cabin-like dwellings are not portable like RVs, and more closely resemble manufactured housing, which is not allowed under town zoning, Seacoastonline.com reported.

On Sept. 14, the Appeals Board agreed with McDougal, upholding his June 28 Notice of Violation and Order for Corrective Action, telling Robert Moser, president of Morgan RV Resorts LLC, which owns Flagg’s, to remove the units.

In a request for reconsideration, to be heard by the Appeals Board at 7 p.m. on Wednesday (Oct. 26) at York Public Library, Moser is taking issue with the basis for the board’s decision, called findings of fact. For instance, said McDougal, Flagg’s attorney, David Ordway, claims there was improper testimony given during the Sept. 14 hearing about the wheels being taken off the units.

“(Ordway is) asking that the wording be changed,” said McDougal, referring to the findings of fact. “He’s saying there was improper testimony about the wheels being taken off, saying that shouldn’t be part of the findings.”

Neither Moser, of Saratoga Springs, N.Y., nor Ordway, of Saco, returned phone calls for comment.

At the September hearing, Moser and Ordway argued park models are recognized in the industry and by federal and state standards as recreational vehicles. Board members said they had to make a decision based on town ordinances.

Flagg’s has the option of appealing the Appeals Board decision to the York County Superior Court. Ordway said after September’s meeting that he wanted to see the Appeals Board’s findings of fact before deciding whether to appeal the decision to the Superior Court.

This spring, Flagg’s management told 10 seasonal residents of the campground to move their recreational vehicles out of the park to make way for the six park models. The units were made available for weekly rental.

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