Mystic — The Stonington Zoning Board of Appeals voted 4-0 Tuesday night to reject a variance request from a developer whose wants to build a dental clinic in front of the Ocean Community YMCA.

In January, the Stonington Planning and Zoning Commission rejected plans for the controversial project from Summit Street Development LLC, saying Summit Street first needed to obtain a variance for the nonconforming, vacant commercial lot before it could seek approval from the commission.

But ZBA Chairman David Rathbun said this afternoon that he and his fellow appeals board members did not think it was an issue that they should be deciding. Instead, they believed the issue should be decided in Superior Court.

Summit Street had already appealed its PZC denial to Superior Court and asked a judge to approve a permit for the project. That appeal is pending.

The variance request centered on the size of the lot. Although zoning regulations require a lot in the manufacturing zone to be a minimum of 80,000 square feet, the lot proposed for development has just 46,762 square feet. The lot was created before zoning regulations went into effect.

In its variance request, Summit Street argued that a legal hardship exists because the regulations result in a lot that cannot be used. The developer said this would be the equivalent of the taking of land without just compensation, which is a violation of state and federal law.

The project meets other requirements such as setbacks and buffers.

Opponents and neighbors of the project, nine of whom spoke against the variance at Tuesday’s public hearing, had earlier told the PZC they were worried about the impact a dental clinic would have on traffic and the character of their residential neighborhood.

j.wojtas@theday.com