The developer of a proposed subdivision on Mullen Way in Edgartown has resubmitted plans to the town planning board, cutting the total number of lots from 10 to nine.

Despite the adjustment, the board still voted to refer the project to the Martha’s Vineyard Commission for review.

Developer Michael Kidder submitted a new plan for his 7.1-acre subdivision on Mullen Way to the planning board Tuesday night. The previous plan had nine buildable lots plus one open space lot; in the new plan the 1.71-acre open space lot is integrated into the buildable lots.

The change reduces the number of lots in his subdivision from 10 to nine, pushing it below the threshold for mandatory referral to the commission.

But the planning board still voted to refer the project to the MVC, citing habitat considerations.

Mullen Way is a narrow street off Pease’s Point Way. The land has been designated as habitat for the imperial moth (Eacles imperialis), a species listed as threatened by the state.

According to MVC rules for developments of regional impact (DRIs), a division of land that includes more than two acres of significant habitat must be referred for review, as well as any project that proposes site alterations or clearance of more than two acres of significant habitat.

In mid January, the planning board approved the original 10-lot subdivision, but later rescinded the decision when town counsel advised that referral to the MVC was required.

Planning board members disputed this requirement, but followed their attorney’s advice.

Mr. Kidder’s attorney, Martin V. (Skip) Tomassian, said Wednesday that the number of lots had not changed from one application to the next.

“It’s always been nine lots,” Mr. Tomassian said. “It was just a configuration.” He said he felt the reconfiguration would be more acceptable to the Natural Heritage and Endangered Species Program, and would narrow the commission’s focus when they take it up for review.

He said he hoped the project would be remanded back to the town.

“From our position, it doesn’t look like a development of regional impact,” Mr. Tomassian said.