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How did the enactment in April 2002 of new attic and basement definitions provide relief to homeowners? It didnt. It seems the P&Z has been inaccurately portraying the new attic and basement definitions to Town officials and homeowners as providing relief from the FAR regulations. This was because there was a provision for basements to be exempt from the FAR if it was less than three feet above ground using a complex grade plane calculation. The grade plane can only be measured by an engineer at a cost of several thousand dollars and is measured ten feet away from the house. Analysis of the building code requirements show that a minimum of 22 to 24 inches in height above the dirt is needed at the basement wall to meet code. If a homeowner wants a window in the basement it will easily exceed the 36 inch exemption possibility. Grading outside the house of more than one foot out to the ten foot grade plane area would also cause the home to not be eligible for the exemption. We have found that few if any homes would qualify for the exemption. Most would fit into the 50 or 100% included category. At the time it enacted the amended attic and basement definitions the P&Z tried to downplay the fact that previously only finished space was included and the amendment extended the definition to all attic and basement space, finished or not. The number of basements fitting into each category of exempt, 50%, or 100% included was not quantified by the P&Z prior to enactment, nor was the degree of nonconformity being created even estimated. The practical effect of this regulation is that what was once considered a 3,000 square foot home may now have to count 4,200 square feet toward FAR by adding in attic and basement area that was not previously counted, an effective tightening of allowable FAR of 20 to 40 percent. The same house has been made nonconforming without the homeowner even realizing it. On some newly constructed homes this has caused the construction of a sophisticated and expensive pedestal of retaining walls around the home to allow the basement to be exempt. The streetscape impact of this is that of a house built up on a pedestal compared to surrounding homes. Was this the desired effect of the P&Z- to make homes appear larger? |