Ordered that the judgment is affirmed, with costs.
The petitioner owns separate tax lots in the Town of Brookhaven which share a rear boundary and abut two parallel streets. Pursuant to the Code of the Town of Brookhaven, the lots have merged (see Code of Town of Brookhaven §§ 85-1[B]; 85-883[D][4]). The petitioner applied to the Town, inter alia, for an area variance to divide the subject property into two separate lots. The petitioner contends that...
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