John Lindblom – Record-Bee staff
BUCKINGHAM A Buckingham property owner has threatened to sue the subdivision”s homeowners association if she is not allowed to convert a 50-acre walnut grove into a 91-unit gated sub-community.
Sara Applebaum of Ojai has indicated that she wants to remove the walnut orchard to create an enclosed community of homes on the Eastlake Drive property with its own private streets. As many as 100 units have been mentioned as possibly being built on the property.
But Buckingham HOA President Bob Olsen says that a seven-page letter that Applebaum sent to all of the subdivision”s residents not long after buying the walnut orchard does not make it clear what Applebaum”s intentions are.
In the letter, dated April 24, Applebaum makes reference to “pending litigation (that) each of us will have to pay for out of our pockets, unless we all work together to settle this issue before it reaches court.”
But, while grammatically well written (Applebaum identifies herself as a university language and literature teacher), the rest of her message is difficult to understand, Olsen says. He added that to date she has not responded to the Buckingham HOA board”s invitation for a meeting.
“It hasn”t really been clear to us what they want to do. Her (Applebaum”s) approach is a little different,” Olsen said. “We have invited the owner to meet with us, but she hasn”t. We look to find out if we have some common ground.”
Olsen said that a man named Spike Wheeler who has identified himself as the developer of the proposed project has met with the association. But Olsen says she is the “sole owner.” Wheeler withdrew an application for the walnut orchard”s conversion earlier this year. Olsen said that to his knowledge no additional application has been created.
He expressed apprehension over the involvement of Wheeler, whom he said “has no track record.”
“Maybe it”s all just a threat,” he said regarding Applebaum”s letter, and, in a letter to Buckingham owners intended as a response, added, “Mr. Wheeler has been threatening us with litigation since almost the first day he appeared on the scene two years ago. The (Buckingham HOA) board has been duly cautious, in frequent contact with our attorney Peter Windrem and has budgeted for legal advice/defense to the extent possible.”
Ironically, perhaps, this is the second time someone has given indication of plans to build homes on the walnut orchard property. Previously, Dr. Robert Gardner, then-Buckingham HOA president, headed up a group interested in developing the orchard. Steve Murphy was identified as the developer. But that plan was apparently scrapped after being opposed by Buckingham homeowners. Gardner and Murphy, both Buckingham HOA members, have been present at association meetings involving the present effort.
Olsen said Buckingham homeowners are concerned about the additional vehicle traffic that would result from the conversion of the walnut orchard and oppose the addition of private roads. There are also apprehensions about runoffs that could result in flooding lower-elevation properties.
A gated sub-community within Buckingham, Olsen wrote, has been “consistently opposed (and) is neither harmonious nor consistent with the overall general plan as envisioned many years ago.”
Regarding the board”s refusal to budge on the issues, Olsen said, “Our attorney says we can do this.”
Contact John Lindblom at jlwordsmith@mchsi.com.
