Date set for stop-work or­der ap­peal

Clarke’s Beach res­i­dents gear up for hear­ing

The Compass - - FRONT PAGE - BY BUR­TON K. JANES

The East­ern Re­gional Ap­peal Board has set the date for a hear­ing in­volv­ing a dis­pute be­tween a Clarke’s Beach res­i­dent and the owner of an RV park.

Ernie Mug­ford owns MountainView RV Park, and Mil­dred Snow lives on Park Av­enue, ad­ja­cent to the park. Mug­ford re­ceived the no­tice in the mail on Wed­nes­day, June 29, fol­low­ing the re­cent Canada Post strike. The letter is signed by board sec­re­tary Robert Cot­ter.

The roots of the dis­pute go back to April 19, when Mug­ford re­ceived per­mis­sion from the town to carry out a 50-site ex­pan­sion of his park.

Snow made an im­pas­sioned plea to coun­cil dur­ing a meet­ing in May, ar­gu­ing the pro­ject was dis­rupt­ing her qual­ity of life.

Then, on June 2, she used her car to tem­po­rar­ily block Park Av­enue be­cause of her frus­tra­tion with the amount of heavy equip­ment us­ing the nar­row, wind­ing res­i­den­tial street.

Snow also reg­is­tered a com­plaint with the Depart­ment of Mu­nic­i­pal Af­fairs, which is­sued a stop-work or­der on June 3.

The hear­ing will take place at the Com­fort Inn in St. John’s at 10 a. m. on Fri­day, July 8.

‘ Won­der­ful news’

“ This is won­der­ful news,” Mug­ford said­last week.

He’s con­fi­dent the mat­ter will be tossed out.

“ It has to be. It can’t be any other way,” he in­sisted.

Mug­ford is an­tic­i­pat­ing re­sum­ing work on his park ex­ten­sion on Mon­day, July 11, three days af­ter the sched­uled hear­ing.

‘Against the law’

Ac­cord­ing to Mug­ford’s un­der­stand­ing, the board has a “ 14-day leg­isla­tive win­dow” to hear the ap­peal, he said. Be­cause the stop­work or­der was granted 45 days af­ter the town ap­proved the ex­ten- sion, “ it’s against the law” to even hear the ap­peal, he stated.

“ If ( gov­ern­ment) can hear it at 45 days, they can hear it in 10 years,” he said.

Mean­while, if the board de­cides to en­ter­tain the ap­peal by Snow, Mug­ford knows what his next step will be.

“ Then ( gov­ern­ment) opens them­selves up for a law­suit,” he said.

He said he has al­ready in­structed his lawyer to “ take what­ever means nec­es­sary when the time comes.”

If the stop-work or­der re­mains in place, Mug­ford said he will ex­pe­ri­ence sig­nif­i­cant busi­ness losses, con­sid­er­ing the large num­ber of campers he’s ex­pect­ing at his park

this sum­mer.

Re­gain­ing losses

Mug ford said he’s poised to “spend a fair chunk of money to re­gain those losses.”

He con­cluded, “ I’m fed up with this. I’ve been 20 years bat­tling crap in Clarke’s Beach.”

The East­ern Re­gional Ap­peal Board, which comes un­der the depart­ment of Mu­nic­i­pal Af­fairs, hears ap­peals by ag­grieved per­sons re­lat­ing to an au­thor­ity’s de­ci­sion to refuse or add con­di­tions to a per­mit, and is­sue an or­der or a per­mit.

Snow could not be reached for com­ment.

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