Lyndeborough community members have submitted a protest petition in response to town warrant Article 8, which proposes a revision to the town’s zoning ordinance.

Specifically, it would remove subsection 404.10, “Conservation Lands,” which gives landowners with lots larger than 60 acres the option to subdivide their property for conservation purposes. The purpose of the subsection is to provide an expedited subdivision process for land that will remain in forestry and agricultural use in perpetuity, with no additional subdivisions permitted.

Currently, the change would have to be approved by majority vote. The protest petition seeks to require a two-thirds vote. According to resident Tom Chrisenton, the petition requires more than 20% of landowners with more than 60 acres to sign it.

Tom and Ginny Chrisenton had previously used the ordinance to divide their 60-plus-acre property, a tree farm, into smaller 30-acre subdivisions exclusively for forestry and agricultural use.

“We just want people to have the same opportunity we had,” Tom Chrisenton said.

Since the Chrisentons have already subdivided their land in accordance with the subsection, they don’t qualify to submit the petition themselves. However, they brought the issue to the attention of residents that had over 60 acres of qualifying land, who were surprised to hear of the proposed change.

“I didn’t receive any communication about the warrant article until recently,” said resident Arnie Byam, who worked with the Chrisentons to submit the petitions. “They should have at least contacted the larger landowners that it effects.”

Neither Byam nor the Chrisentons have heard an explanation for why the amendment is being proposed.

“I don’t know why they made a change to something that’s been on the books for quite a few years,” Byam said.

Subsection 404.10 was added to Lyndeborough’s zoning ordinance after a 235-89 vote by residents at the 2005 Town Meeting. The goal was to give landowners an optional method for land subdivision to prevent development and help retain the town’s rural character.

Lyndeborough Planning Board Chair Charles Post called the current ordinance “vague and restrictive,” and said the unclear language had posed a challenge for Planning Board decisions in the past. He said the proposed amendment would clarify the language for future Planning Board rulings and give property owners more freedom with how they use their subdivided lots.

“Currently, a property owner that creates a conservation subdivision has to agree to no further subdivision,” Post said. “The proposed ordinance doesn’t require the property owner to agree to that restrictive requirement, so it actually enhances the rights of the property owner.”

Under the current language, any lot of more than 60 acres can be subdivided into lots at least 10 acres, with an average lot size of at least 25 acres. The lots should be accessible via a private road constructed to meet the town’s street and road standards. Any further subdivision would require adequate frontage on a Class V or better highway built after Jan. 1, 1997.

Should the landowner decide to subdivide their land for conservation purposes as established in subsection 404.10, the subdivision must be a minimum of 30 acres, with direct access or deeded easement to a public highway. The current ordinance does not allow for any further subdivisions.

The proposed amendment details a different method of subdivision. Under this new language, tracts of land to be subdivided must be at least 50 acres, and subdivisions can be accessed via a private road or a Class V highway. As with the current ordinance, any further subdivision would require frontage on a Class V road, but the Jan. 1, 1997, construction requirement has been removed. Additionally, any further subdivision would be considered a major subdivision.

There is no additional language about conservation provisions to replace section 404.10, although Post noted that “the property owner can still add conservation provisions if they choose to do so.” The removal of the restrictions set in subsection 404.10 would allow property owners more flexibility with how they use their lots while still retaining the area’s rural character, he said.

Lyndeborough residents will vote on proposed the proposed zoning ordinance amendments Tuesday, March 12, from 10 a.m. to 7 p.m. at Citizens’ Hall.