WILTON – On July 13, the Zoning Board of Adjustment denied a controversial variance request, but the matter didn’t end there and has been referred to the town’s attorney for clarification.

In May, Isaac Frye Holdings, LLC (owner) and Kenneth Lehtonen (applicant) requested a variance to allow a gravel excavation incidental to the construction of a house outside of the Gravel Excavation District. That hearing was continued to June 8, and again to July 13.

The work has been an on-going matter of contention with the neighbors for months. The town issued a cease-and-desist order to halt the work.

The variance was denied because a similar request for the site had been denied in 2006. Statutes say a second application cannot be made unless there is “substantial difference.”

Lehtonen contended that the new application was substantially different because it was much smaller in scope and less gravel would be removed.

Some board members, as well as several neighbors, contended that the gravel removal was actually a commercial operation which is not allowed.

Another concern was the amount of truck traffic at the intersection of Isaac Frye Highway and Route 101.

After considerable debate, the board closed the public hearing in order to debate the issue.

A motion was made to deny the variance, but before the vote was taken, Lehtonen said he was withdrawing the application.

Chairman Neil Faiman said he wasn’t sure he could at that point. The board was not in public session and in the middle of a vote.

Lehtonen said he withdraw at any time and once it was withdrawn, the board had no more jurisdiction.

Member Joanna Eckstrom suggested the withdrawal be accepted without prejudice.

Faiman said the matter would be referred to town counsel “to make sure we didn’t make a mistake in not allowing the applicant to withdraw before the vote.”

He added, “For now, this case is over.”