Tuesday, October 14, 2008

Commercial Use of Folmont Lot 45A?

Lot 45A is under contract to be sold to New Baltimore Sportsmen’s Club and a Windber lumber company, jointly, with closing scheduled for November 1, 2008. Lot 45A is on the south side of Blueberry Way, the second lot westward from the intersection with Hawk’s Nest Road. The southern boundary of Lot 45A abuts land currently being logged and developed by the New Baltimore Sportsman's Club's for its wind turbine project.

Upon learning of the contract, FPOA sent letters to the seller, Olive O’Mara, and the buyers, citing Folmont Covenants making it illegal to lumber Folmont lots, to use Folmont lots for any commercial purpose, and to use Folmont roads for access to anything other than Folmont properties.

When neither the seller nor buyers replied, Ron Sehn, representing Folmont’s Architectural Committee, spoke by telephone with both buyers, Martindale Lumber and New Baltimore Sportsmen’s Club. Both buyers acknowledged they were aware of Folmont Covenants and said that Lot 45A was not being purchased for logging or access from Route 30 to NBSC lands, but being purchased for “investment purposes”, (without differentiation as to residential or commercial purpose).

Without additional info, we can only speculate how the buyers intend to use Lot 45A. But the prospect of their clearing Lot 45A and/or putting that lot in the service of NBSC’s windmill project, using Hawk's Nest Road for wind turbine service vehicles, is an ugly prospect indeed.

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