HomeMy WebLinkAbout5209 177 Seaview Ave Letter with ConcernsFallon, Dolores
Subject: 5209 - 177 Seaview Avenue - Concerns
RECEIVED
From: John Moynihan JAN 0 4 2026
Sent: Sunday, January 4, 2026 10:18 AM Yiw,4V)VTH
To: Fallon, Dolores <dfallon@yarmouth.ma.us> BOARD OF APPEALS
Subject: Concerns about Zoning Variance Appeal #5209 for 177 Seaview Avenue
My name is John Moynihan. My Wife Anne (Fox) Moynihan and I own a property at 179 Seaview Avenue.
We are writing to provide feedback and express a level of concern about a request submitted to the Yarmouth Zoning Board by
our neighbors at 177 Seaview Avenue (Appeal # 5209) for a Special Permit/Variance on our abutting side -yard setbacks. The
hearing is scheduled for January 8, 2026. While we are not entirely opposed to this request, we are concerned about its
potential impact on our property.
My Wife's Parents (Mr. & Mrs. Robert Fox) were the original owners of the property at 179 Seaview Ave and were close friends
with the original owners of the property at 177 Seaview Ave (Mr. & Mrs. James Gross). At one point in the early 1960's, Mr.
Gross had elected to renovate the original structure and to support the renovation, he raised the original elevation of the
property by adding a considerable amount of landfill/soil to the lot at 177 Seaview. To protect the integrity of both properties,
Mr. Gross added a fence and built a cinder block wall between the properties at 177 and 179 Seaview in order to contain the
additional landfill and prevent any spillage on to the property at 179 Seaview.
The property at 177 Seaview was inherited by the Gross' Daughter, Marilyn Gross Curran and her Husband Michael and
subsequently purchased in October of 2014 by Vitaly and Marina Bulgakova. We have two concerns in regard to the Bulgakova's
request that we feel can be reasonably accommodated.
First, since its construction over 60 years ago, the integrity of the cinder block wall has eroded. In fact, the integrity of the wall
has further deteriorated form an overgrowth of vegetation and the addition of a new fence at 177 Seaview since purchased in
2014. The wall is now visibly crumbling and likely to collapse in the near future, negatively impacting our property at 179
Seaview. The situation is only going to be exacerbated by the additional weight of the proposed renovation and its impact on the
supporting lot and abutting wall.
As a result, we are requesting that the Zoning Board require the Bulgakovas' to either suitably repair or replace the wall abutting
the two properties as a contingency of approval for the Special Permit/Variance.
Secondly, we also have a privacy concern in that we have an outdoor shower on the side of the house abutting the property line
with 177 Seaview. We believe that the privacy concern can be easily accommodated with a requirement that the proposed
structure will be precluded from adding a window facing the property line with 179 Seaview.
We would like permission to attend the hearing on January 81h in order to adequately represent our concerns and, hopefully,
reach a mutually acceptable agreement.
Thank you!
John Moynihan
20 D'Orlando Way
Danvers, MA 01923