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MEMO TO AL OLSEiN December 8, 2000 Page 3 r'111IF►DI_NTIAL ATT0 ' L V/sCL' 1ENT PRIe11II._P require "antiquated subdivisions"recorded prior to October 17, 1961, and proposing to be served by septic systems to comply with the new standards in Section 10. This is evidenced in two ways. First, Section 9-110.4 of the Development Title, defines an "antiquated subdivision" as a subdivision that (1) was approved prior to October 1961, (2) is underdeveloped or only partially developed, and(3) could not be approved as a subdivision now because of more stringent or different requirements. Secondly, if that sentence in Section 3.1 were read literally, it would mean that the new standards apply to divisions of land filed after December 15, 1972. The new standards would also apply to subdivisions recorded prior to October 17, 1961. The old standards would only apply to subdivisions recorded between October 17, 1961, and December 15, 1972. It would make no sense to require subdivisions recorded prior to October 17, 1961, to comply with the more restrictive new standards but allow those subdivisions recorded between October 17, 1961, and December 15, 1972, to comply with the less restrictive older standards. Therefore, Section 3.1 must be read with the intent of the section had the typographical error not occurred. As the property on East Weatherbee Avenue is not an antiquated subdivision and was recorded prior to December 15, 1972, the older standards should be applied. Therefore, the issues raised by the neighbor, concerning the maximum allowable square footage and the number of bedrooms will be addressed under the older standards. With regard to the maximum square footage, Section 2.1 of the Sewage Standards requires that the size of lot and house size ratio listed in the standards be applicable to all applications submitted for approval. Section 2.2.3 states that a lot which is between 7,500 and 10,000 square feet, as is the subject property, may have a house no larger than 1,100 square feet, not including the garage. The neighbor is concerned that the multi-story home proposed to be built exceeds the 1,100 square feet standard. I am told that the ground floor of the proposed home would not exceed 1,100 square feet. The excess footage is found in the floors above ground level. In discussing this matter with you, it is my understanding that your Division is concerned not with the "total' square footage of a house but with the square footage on the ground floor. That concern is because you want to insure that there is sufficient room on a particular lot for a septic system that meets all of the applicable standards. At the time that the standard regarding square footage was adopted, as I understand it, your Division had not dealt with anyone building a multi-story home in the areas where the standards would be applied. Multi-story homes were not considered when that standard was adopted. Therefore, the maximum square footage is referring to the ground level square footage. ®RAFT