CT Cancer Charity Founded By MLB Player Sued By Town

OLD SAYBROOK, CT — A local cancer foundation founded by a retired Major League Baseball player is being sued by the town's zoning board over a "baseball diamond-shaped patio that features bricks engraved with names of those battling or have lost their cancer battle," according to WTNH News 8.

The town's Planning and Zoning Board is not only suing the Connecticut Cancer Foundation, it is also suing the town's Zoning Board of Appeals. The litigation is pending. The zoning commission is demanding that the "baseball diamond-shaped patio," which is located at the foundation's headquarters on North Main Street be removed because it wasn't in the original site plan, according to meeting minutes on the town's website.

The patio was created by a local landscaping company that donated $35,000 worth of materials, News 8 reports. The zoning commission's concern is that the original site plan showed the area to be grass and not a patio.

The PZB voted 4-1 to deny the foundation's request for a special exception at a meeting in February. The Connecticut Cancer Foundation has raised in excess of $6 million and helped 7,000 cancer patients, according to a WTNH News 8 report.

What Is The Connecticut Cancer Foundation?

Connecticut Cancer Foundation (CCF), formerly known as the CT Sports Foundation Against Cancer, is a non-profit that financially supports cancer patients and their families, according to its social media account.

The foundation was founded by former MLB catcher John Ellis, who played for several teams including the New York Yankees. He formed the organization in 1987. The foundation was very personal to John Ellis.

"John’s life was touched by cancer in several ways: he lost a sister, a brother, and a sister-in-law to cancer - all before they reached the age of 40. Then, John himself was diagnosed with Hodgkin’s Disease - also prior to the age of 40," according to the foundation's Facebook page.

"Through his experiences, John witnessed firsthand the dramatic difference financial support makes for a cancer patient during treatment. So, after overcoming Hodgkin's, John took action and formed the (foundation).

Some legendary MLB players helped the foundation including: Yogi Berra, Don Zimmer, Whitey Ford, Mickey Mantle and Hank Aaron.

"We partner with numerous charities, corporations, and individuals throughout the year to put on some amazing events: golf tournaments, indoor cycling competitions, boat cruises, and our flagship program - an annual dinner at the Mohegan Sun featuring celebrities and sport stars," according to the foundation's website.

What's The Issue About?

The Connecticut Cancer Foundation’s request for a special exception to permit an ornamental plaza with paver bricks near 15 North Main Street was rejected 4-1.

Not shown on the original plan, the patio area was constructed without approval, according to meeting minutes. Labor and materials were supplied through donations to allow for the paver bricks to be sold with donor name recognition as a fundraiser for the Connecticut Cancer Foundation.

The foundation proposed a modification in 2018 to obtain approval for the plaza patio and other deviations from the approved plans. The modification was approved with conditions including the removal of the diamond-shaped patio, as it did not meet the zoning regulations, according to meeting minutes.

The foundation received a variance from the Zoning Board of Appeals to allow the existing paver bricks to remain in the 25-foot landscaped area. The Zoning Commission appealed the decision of the Zoning Board of Appeals to Superior Court for a variety of reasons including failure to demonstrate a hardship, according to meeting minutes.

The case is still pending in Hartford Superior Court. The foundation's attorney encouraged the Commission to approve the application to end the litigation, but that was rejected.

John Ellis, Jane Ellis of the Cancer Foundation and Rich Cersossimo of Pasta Vita spoke in favor of the application.

The Fight Continues

Jane Ellis, who is the executive director, told WTNH News 8 that the fight will go on and "this is minor to me compared to the families that I see all the time and the children battling cancer. This is ridiculous, and I feel sorry for these people who voted no. I really do..." (You can watch the entire News 8 segment here.)