Hgeocities.com/fblotz/blog.html/31geocities.com/fblotz/blog.html/31.htmllayedx̍J+MOKtext/htmlgMb.HFri, 10 Jul 2009 23:57:24 GMToMozilla/4.5 (compatible; HTTrack 3.0x; Windows 98)en, *ˍJM Sea Crest CC&R's
Sea Crest CC&R's
Discussion of Sea Crest CC&R changes
Entry for September 15, 2006

In addition to the information provided with the recent email to all members announcing that Sam Ajamian is running for the Board as a write in candidate, the members should also be aware of the following;


1)    Sam Ajamian is a developer / investor who has purchased 12 lots and a common area in Sea Crest since 2003 and therefore has 12 votes he can cast for himself.


2)    He has excavated a new road between Sea Crest Court and Sea Crest Drive about which I expressed concerns in this e-mail to the Board;


 ----- Original Message -----


From: George Fosmire


To: Terry Hagberg;Jim Hansen;David Daus;Bob Kern


Cc: John Vogel; Bob  & Vivian Shane


Sent: Friday, September 01, 2006 12:43 PM


Subject: Road Excavation


This is to convey concerns about the road excavation work connecting Sea Crest Court to Sea Crest Drive.


1) Permission was never given to build a road to access new lots created from common areas.


The 1998 agreement with Sansone only gave conditional approval to access his eight existing lots from a road above the lots instead of from Sea Crest Drive contingent on County approval, Board approval and compliance with the Master Plan.


I understand the current owner of the Sansone lots intends to break up the common area above  them into additional lots for sale and access them with a new road connecting Sea Crest Court and Sea Crest Drive.


The 1998 agreement did not contemplate or give permission to build a new road for this purpose.


2) The excavation has put Sea Crest at risk.


The County has not approved this road. In fact, the owner has not submitted anything to the county for approval to date, yet the full road has already been excavated.


This excavation goes through a known slide area where old 101 recently collapsed and cost over three million dollars to repair.


Government road experts have expressed concern about cutting a notch into the toe of old 101 in a steep hill full of water.


If this excavation contributes to another collapse of old 101, the County will probably look to Sea Crest to pay for the damage.


3) Even if the county did eventually approve it, a new road in this steep slide area would create an ongoing liability and maintenance problem for all Sea Crest members, yet only benefit one. 


 George Fosmire – Lot 13


 

2006-09-15 16:03:21 GMT
Comments (8 total)
Author:Anonymous
Association Members,
I'm concerned that this late entry by Sam Ajamian, if elected, could lead to re-creating the division and in-fighting that was the history of the Association in distant past... quite some time before we purchased our lot (#10) at Sea Crest three years ago. At the time we became members we found a Board that was comprised of residents or soon to be residents with the interests of the individual owners/residents at heart. I believe there should be a policy for Board membership that excludes non-resident or even resident developers, particularly those that have a large number of lots that obviously provides them with significant voting power. The logic to this rule is similar to conflict of interest rules. A non resident or resident developer on the Board can be primarily focused on a short term return on investment. As a Board member this focus can overcome voting in favor of issues that reflect the common good. I'm not accusing Mr. Ajamian of wrong motives, but a rule such as I suggested would tend to promote and protect positive relationships of members with the Board as decisions are made that have a significant impact on association members. This rule could be discussed at the annual meeting prior to the election for Board Members if the Board wishes to present it. Unfortunately we will be unable to attend, but please hear our concern. We have been impressed with your friendliness and your concern to make Sea Crest a high quality development.
Respectfully, Phil and Karen Griffin.
2006-09-15 16:22:59 GMT
Author:Anonymous
Ann and I wish to add our AMEN to this well thought out comment from the Griffins and commend the message to all Sea Crest residents and voters. We have been residents of Sea Crest for 12 years and have painfully survived the time when developers, speculators and realtors (all who had no residency plans) completely ruled the board. Sea Crest still suffers from the after-effects of that board. We have discussed none of this with the Griffins but ask you to give careful consideration to their comments.



We must pay careful attention to planned roads and development on the extremely steep slopes in the easterly portion of Sea Crest. The pioneer access road has already bisected a major landslide that nearly reached one home and closed the Otter Crest Loop Road for more than a year. I believe the cost to repair and restore that road and stabilize the landslide exceeded a million dollars. The loop road has since been transferred from the state to Lincoln County (with decidedly shallower pockets). We must have firm legal assurance that any liabilities resulting from any construction on questionable slopes will not fall on Sea Crest or individually impacted residents and lot owners. Mr. Ajamian is the owner and planned developer of those properties. We have no personal quarrels with him and his family partners in the proposed venture, but will they be around and bear the liability when (and if) any land stability problems and associated liabilities arise?



In our humble opinion it will not be wisdom to have this proposed developer on the board.

Al & Ann Mills

Lot 25

2006-09-15 16:24:38 GMT
Author:Anonymous
Hi to all. It appears that we owners just can't allow Sea Crest to developed without distorting the reality of concern of happenings that will bring change to our community. Our sleepy little community has been discovered and is being developed.
One of the emails comes over as a last stand "sore-loser" bid. The Board did not respond in favor to that owners letter of concern, so now, let's muddy-up the candidate election for the 3 Director spots to be filled.
Fact-- the road has already been rough-cut thru and/ or above the "A" lots as well as lots 19- 23. Leaving that road unfinished now (the cow is out of the barn), in my opinion, provides the most probability of slide concerns as other alternatives. Those alternatives are 1, to complete the road with proper engineering/ geologist approvals for home-site access from this road, or 2, cut access of up to 13 home-sites into the hill from below. This 2nd alternative with create not only an eyesore, but again provide concerns of hillside stability.
Regarding the concern voiced about the 11 (not 12 as stated) votes the Ajamian's can exercise. That's life. All of us had the chance to purchase those lots, however failed to do that for what ever reasons. As owners, the Ajamian's can cast those votes as they see fit. However, as 1 of 5 Directors, each Director has 1 and only 1 vote. Therefore, if Sam is elected as a Director, those 11 votes serve no added advantage.
The truth of the whole concern is that some of us owners do not want those hillside lots to be developed. Then if/ when a slide occurs, we will find someone/ something else to point the finger of blame.
Just my view of this matter. It ought to be another "fun" Annual Owner Meeting that you won't want to miss.

Don Tyler- lot 34.
2006-09-15 17:59:29 GMT
Author:Anonymous
Don Tyler:
“Hi to all. It appears that we owners just can't allow Sea Crest to developed without distorting the reality of concern of happenings that will bring change to our community. Our sleepy little community has been discovered and is being developed.”

George Fosmire:
What do you mean “developed” ? Sea Crest already is developed. It was platted and approved as a Planned Community in 1980.It was replatted with 100% owner approval in 1989.

Don Tyler:
“One of the emails comes over as a last stand "sore-loser" bid. “

George Fosmire:
What do you mean ‘sore loser’ ? The election isn’t till Sunday.

Don Tyler:
“The Board did not respond in favor to that owners letter of concern, so now, let's muddy-up the candidate election for the 3 Director spots to be filled.”

George Fosmire:
One Board member thanked me for the information. The other Board members didn’t respond.

Informing the members of very pertinent information about Sam Ajamians’s involvement in Sea Crest that was not in his statement of qualifications is hardly “muddying up” the election.

Don Tyler:
“Fact-- the road has already been rough-cut thru and/ or above the "A" lots as well as lots 19- 23. Leaving that road unfinished now (the cow is out of the barn), in my opinion, provides the most probability of slide concerns as other alternatives. Those alternatives are 1, to complete the road with proper engineering/ geologist approvals for home-site access from this road, or 2, cut access of up to 13 home-sites into the hill from below. This 2nd alternative with create not only an eyesore, but again provide concerns of hillside stability. “

George Fosmire:
"Rough cut"? The full length and width of the road has been excavated.

What do you mean the “cow is out of the barn”? That now we have no option but to allow it?
This appears to be a classic case of the “ just forge ahead because its easier to ask forgiveness than permission” strategy.

An “eyesore”? The house across the street from me is on a steep hill with a driveway going up to it. It looks fine to me.
I believe you approved it while on the A.R.C.

First things first. Some questions need to be answered before we move on to what do we do now.
- Why was this excavation allowed without prior county approval?
- How was breaking up the common area into more lots approved without a vote of the members?
- Where is the motion and vote by the board in a board meeting approving the excavation and breaking up of the common area?
- What if the county does not approve this road?
- What about the option of just repairing the damage?
- Who pays the ongoing maintenance and slide liability cost of this new road through a steep slide area?

Don Tyler:
Regarding the concern voiced about the 11 (not 12 as stated) votes the Ajamian's can exercise. That's life. All of us had the chance to purchase those lots, however failed to do that for what ever reasons. As owners, the Ajamian's can cast those votes as they see fit. However, as 1 of 5 Directors, each Director has 1 and only 1 vote. Therefore, if Sam is elected as a Director, those 11 votes serve no added advantage.

George Fosmire:
Obviously. But that’s not the point. The point is, members should know, (and would not know from his statement of qualifications) that he owns a large number of lots he can cast for himself and has a large project going with an unapproved road that members are concerned about.

Don Tyler:
“The truth of the whole concern is that some of us owners do not want those hillside lots to be developed. Then if/ when a slide occurs, we will find someone/ something else to point the finger of blame.
Just my view of this matter. It ought to be another "fun" Annual Owner Meeting that you won't want to miss.”

Don Tyler- lot 34.

George Fosmire:
Those “hillside lots” (A3- A10) have already been ‘developed’ . The common area behind them are not ‘lots to be developed’ . It's a common area.
--Response by George Fosmire
2006-09-15 18:27:47 GMT
Author:Anonymous
Sam Ajamian purchased one lot in Sea Crest several years back. He
then purchased another lot at a later date. During that period of
time Don Tyler and I talked with him about the Sansone lots as a
possible venture he might like to consider. After much thought and
doing his homework he did in fact purchase those lots. The Board
approved an access road from Sea Crest Ct through Common area to the
edge of the Sansone properties. Sam's main physical concern was the
geologic conditions of the hillside. He has not gone into this
venture with disregard for the soil conditions and what effect it
would have on our community. Once Sam arrives at a workable plan he
was to contact the Board for a collaborative input session. Sam has
been upfront with me during his process. The thoughts that concerned
community owners have expressed over the past two years such as a
slide, road direction, liability, who pays for the road, water runoff
schemes to minimize saturation of soil, rerouting of underground
utilities to minimize digging into the hillside below the lots, soil
retention walls downhill of the Otter Crest Loop road above and many
other considerations would be brought to the table for discussion.
Do these facts sound like Sam is in here to rape and plunder without
due consideration for our community as I read that George Fosmire
would have you think is the case? Read behind George's words for the
true meaning. I agree with George's concerns as I'm sure we all do
but I do not like the inference that Sam is just another developer
along the same or similar lines that the original developers of Sea
Crest traveled. George's tact is negative from the beginning. It is
my belief that Board members have to be open to the thoughts of the
community setting aside personal agendas. I can attest to the fact
it is difficult at times but not impossible. Let us think positive
with an eye toward what can we do to ensure the addition of new homes
is accomplished in the correct way. I do not believe George has ever
discussed the venture with Sam so he has no background about the
matter except personal ones. Sam has 11 votes not 12

David Daus
Lot 27 Owner

2006-09-15 18:50:35 GMT
Author:Anonymous
David Daus:
“Sam Ajamian purchased one lot in Sea Crest several years back. He
then purchased another lot at a later date. During that period of
time Don Tyler and I talked with him about the Sansone lots as a
possible venture he might like to consider. After much thought and
doing his homework he did in fact purchase those lots.”

George Fosmire:
Why are Board members pushing a ‘venture’ with developers and then allowing road excavation for that ventures without County or member approval? This sounds highly improper.

David Daus:
“The Board approved an access road from Sea Crest Ct through Common area to the edge of the Sansone properties.”

George Fosmire:
Which board are you referring to? Where are the minutes showing a motion and a vote?
The 1998 Sansone agreement gave no such approval as explained in my September 1, 2006 e-mail to Board.

David Daus:
“Sam's main physical concern was the
geologic conditions of the hillside. He has not gone into this
venture with disregard for the soil conditions and what effect it
would have on our community. Once Sam arrives at a workable plan he
was to contact the Board for a collaborative input session. Sam has
been upfront with me during his process. The thoughts that concerned
community owners have expressed over the past two years such as a
slide, road direction, liability, who pays for the road, water runoff
schemes to minimize saturation of soil, rerouting of underground
utilities to minimize digging into the hillside below the lots, soil
retention walls downhill of the Otter Crest Loop road above and many
other considerations would be brought to the table for discussion. “

George Fosmire:
So why wasn’t county approval obtained before the full length and width of the road was excavated?

David Daus:
“Do these facts sound like Sam is in here to rape and plunder without
due consideration for our community as I read that George Fosmire
would have you think is the case? Read behind George's words for the
true meaning.”

George Fosmire:
Where did I ever say or infer that “Sam is here to rape and plunder”
Those are YOUR WORDS, not mine.

David Daus:
I agree with George's concerns as I'm sure we all do
but I do not like the inference that Sam is just another developer
along the same or similar lines that the original developers of Sea
Crest traveled.

George Fosmire:
I never said or inferred that either.

David Daus:
“George's tact is negative from the beginning. It is
my belief that Board members have to be open to the thoughts of the
community setting aside personal agendas. I can attest to the fact
it is difficult at times but not impossible. Let us think positive
with an eye toward what can we do to ensure the addition of new homes
is accomplished in the correct way.”

George Fosmire:
What does that mean?

David Daus:
I do not believe George has ever discussed the venture with Sam so he has no background about the matter except personal ones.

George Fosmire:
I requested a meeting with Sam Ajamian back on September 16, 2004 to discuss access to the Sansone lots.
At first he agreed but when I called to arrange a time to meet he refused to meet saying it was too soon since his plans where not firm yet. The next thing I knew the road had been punched through while I was out of town.

I have researched this extensively and discussed the situation with state and county officials.

David Daus:
“Sam has 11 votes not 12”

David Daus
Lot 27 Owner

George Fosmire:
Nevertheless, he has a large number of lots and votes and most members did not know this, which was my point. The SCHA Web Site misstates his number of lots as 10, not 11.

Response to David Daus By George Fosmire
2006-09-15 18:57:29 GMT
Author:Anonymous
We currently live in Depoe Bay, so does Mr. Ajamian. They are great folks who contribute to the community in volunteer ways and others.
When I served on the illustrious SeaCrest Board, Mr. Ajamian was totally upfront with his communication and plans for the properties he owned and was purchasing. We (my husband and I) were delighted when he proposed the upper roadway as we own lot 49, immediately across the street from those lots and have always been concerned about how building projects from the bottom -- up -- would devistate the hillside, trees and all. His plan is a great way to mitigate stripping that hillside of all vegetation and dramatically changing the natural slope. Those houses, when built, will also have even better views because they are higher on the hillside. Better views = better values for everybody.
I support Mr. Ajamian. We are lucky to have someone with his expertise offer their time to our board.
This mud-slinging is also why I opted to step off the board and focus on other volunteer efforts in the two towns I spend most of my time.

May the best qualified candidates win.

cheers
~ valerie
lot49


--Valerie Sovern
2006-09-15 19:04:06 GMT
Author:Anonymous
Valerie Sovern:
We currently live in Depoe Bay, so does Mr. Ajamian. They are great folks who contribute to the community in volunteer ways and others.

George Fosmire:
I’m sure they are.

Valerie Sovern:
When I served on the illustrious SeaCrest Board, Mr. Ajamian was totally upfront with his communication and plans for the properties he owned and was purchasing. We (my husband and I) were delighted when he proposed the upper roadway as we own lot 49, immediately across the street from those lots and have always been concerned about how building projects from the bottom -- up -- would devistate the hillside, trees and all.

George Fosmire:
That’s great that you are delighted with the new road. This question is; are a majority of the Association members equally delighted.

Valerie Sovern:
His plan is a great way to mitigate stripping that hillside of all vegetation and dramatically changing the natural slope.

George Fosmire:
I think that may be a bit of an exaggeration. My neighbor across the street has a house on a steep hill with a driveway going up to it. It looks fine to me.

It seems that lot owners on the west side of Sea Crest Drive, like yourself, do not want homes directly across from them on the east side of Sea Crest Drive.

Valerie Sovern:
Those houses, when built, will also have even better views because they are higher on the hillside. Better views = better values for everybody.

George Fosmire:
I’m not sure that’s so. If they built at the top of the lots, the trees below the house on the same lot would block their view and have to be cut down. If they just built 20 feet up from Sea Crest Drive, they would have an unobstructed view and minimal trees would need to be removed.

Also , how do better views on those lots benefit everyone in Sea Crest?

Valerie Sovern:
I support Mr. Ajamian. We are lucky to have someone with his expertise offer their time to our board.

George Fosmire:
Fine.

Valerie Sovern:
This mud-slinging is also why I opted to step off the board and focus on other volunteer efforts in the two towns I spend most of my time.

George Fosmire:
What mud have I slung?

Valerie Sovern:
May the best qualified candidates win.

George Fosmire:
Hear, hear.

Response to Valerie Sovern by George Fosmire
2006-09-15 19:25:09 GMT