Jul 29, 2014
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Neighbor: Your Swimming Pool is Too Close

A Fairfield resident is appealing a Zoning Board of Appeals decision that allows her neighbor to put a swimming pool within the property setback.

Neighbor: Your Swimming Pool is Too Close
It's probably a safe bet that a Burr Street resident won't be inviting their neighbors over to take a dip in their swimming pool this summer.

That's because the neighbor has filed suit asking for a reversal of a land use approval the residents got to build a new swimming pool within the property setback area.

According to a complaint filed at the Town Clerk's Office, the homeowners building the new pool, Stefan and Sadacie Auer, received a variance from the Zoning Board of Appeals on Jan. 2. The suit was brought forth by their neighbor, Denise W. Lewis.

The variance allows the Auers to construct their swimming pool within 10 feet of their property line with Lewis, instead of the 30 feet that is permitted under the town's zoning regulations. By law, the ZBA must determine that there is an exceptional difficulty or hardship when granting a variance.

The suit claims that the ZBA's decision is illegal because the hardship threshold was not met. It further states that the swimming pool will have a negative impact on Lewis' property value and the use and enjoyment of it.

In making its case, the suit also notes:

  • "the impact of the construction and use of the proposed swimming pool on the already over-burdened water table in the area where homes, including the Plaintiff's, already rely upon and suffer from an inadequate natural underground water supply and resulting low ater pressure for drinking and household purposes;"
  • The resulting effects of blasting which will be required in the construction of the proposed pool;"
  • Unreasonable noise and disruption resulting from the use by the Owners of the pool;"
  • "The adverse impact of the proposed pool and its use on the extensive and environmentally sensitive weltands existing on the Subject Premises and extending onto the property of the Plaintiff, among others." 

Lewis is represented by attorney Joel Z. Green. He filed the suit at the Town Clerk on Jan. 23, and is asking a Superior Court judge to overturn the ZBA decision.

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