At the corner of East Moriches Boulevard and Seatuck Avenue, there is house on a 0.65 acre lot. The owner has applied to divide the lot into 2 lots so another house can be built; these lots would be approximately 0.3 acres. The property is in an A-1 zoning district in which 1 acre lots are required. The owner seeks variances not only for lot size, but for setbacks and other requirements. The hearing is this Wednesday at 3 pm before the Zoning Board of Appeals; it is items 7 and 8 on the agenda.

Regarding the area variance for 0.3 acre lots, under Brookhaven Code Section 85-29.1, the ZBA must consider "the detriment to the health, safety and welfare of the neighborhood or community" and also

(a) "the effect on the character of the neighborhood or a detriment to nearby properties",

(b) whether the requested area variance is "substantial",

(c) the impact on the "physical or environmental conditions" in the neighborhood, and

(d) whether "the alleged difficulty was self-created".

Under the Code, nonconforming or non-permitted uses of nearby property shall not be considered grounds for the issuance of a variance.

Many nearby lots are smaller than 1 acre, but there is perhaps one that might be less than 0.3 acres. Most of the lots on the same block appear larger than 0.65 acres, the current size of the subject property. The files below show the situation graphically. If the variance were granted, the average size of lots in the area would necessarily be reduced and be a precedent for more small lots.