The Select Board has requested that the Zoning Board of Adjustment revisit its January approval of a second accessory dwelling unit on a lot in Lyndeborough.

The ZBA is scheduled to hear the matter Monday.

In January, the ZBA heard a request from resident Arnold Byam III, who presented his plan for a septic design to accommodate a third structure on Old Temple Road. Byam’s 96-acre property includes a single-family house with an apartment over a garage. A third structure formerly served as office space, and Byam was seeking ZBA approval of septic plans for it to become a residential space. 

New Hampshire Housing defines an ADU as “a residential living unit that is within or attached to a single-family dwelling, and that provides independent living facilities for one or more persons, including provisions for sleeping, eating, cooking and sanitation.”

In January, Lyndeborough Code Enforcement Officer Leo Trudeau cautioned the board against setting a precedent by approving the ADU, while Jay Minkarah of the Nashua Regional Planning Commission said a second ADU on the property would not violate state law.

The board voted unanimously to approve a variance allowing another ADU on the Byam property. Trudeau contacted the Select Board in the week following the meeting, stating that of the five criteria to be met for a variance to be granted, two were not met.

“It is not in the public interest that the variance be granted, as required, and it would not be an unnecessary hardship to the owner if it were not granted,” Trudeau said.

In other news, on Wednesday the Select Board discussed the town’s obligation to repair a septic system on private property in town, which is addressed in an article on Saturday’s Town Meeting warrant. 

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“The septic system was determined to be in failure by the N.H Department of Environmental Services (DES) and adjudicated by the court,” Selectman Mark Chamberlain stated last week. “The owner has failed to replace the system as ordered by the court. The state has no authority to replace the system, but the town does. Per RSA, the town must ’appropriate’ the funds.” 

Board members said Wednesday that repairing the septic system is not within the property owner’s means. The warrant article is for $50,000.

Board member Fred Douglas spoke to a frequent point made by residents that they do not want Lyndeborough to change, along with a matter of concern.

“I have had campaign signs of mine vandalized here in town, so it seems that in fact Lyndeborough already has changed,” said Douglas.