Defining the character of Long Island's suburbs is a constantly evolving process. Preserving open space and protecting the tranquility of residential neighborhoods is a serious challenge for public officials, regional planners, developers and area homeowners. Bearing these facts in mind, Hempstead Supervisor Kate Murray and the town board adopted local legislation that would place a temporary moratorium on the construction of one- and two-family homes on substandard sized parcels of property.

"It's time to re-examine the face of suburbia," stated Murray. "A moratorium on the construction of houses on substandard sized parcels would provide the town an opportunity to study current zoning laws and determine if regulations should be modified in order to preserve valuable open space."

Officials in Hempstead Town have heard residents' concerns related to the construction of "oversized" homes. Many homeowners believe that these super-sized homes are negatively impacting the suburban experience for neighboring homeowners. Additionally, many neighbors have voiced dissatisfaction with the increasingly prevalent practice of "upzoning," whereby a lot is subdivided and two houses are constructed where previously one was located.

The town board voted to put the moratorium in effect for a period of no more than six months. "Nassau County, particularly Hempstead Town, is a mature community that has been extensively developed," said Murray. "It's important to continually review town policies and codes to ensure they protect our local quality of life."

Currently, construction of homes on substandard parcels is the subject of hearings before the Board of Zoning Appeals (BZA), which is an autonomous body, separate from the Hempstead Town Board. The board considers, among other things, applications to build homes on substandard parcels. Pursuant to New York State law, the BZA considers whether granting a variance will change the character of a neighborhood adversely and/or negatively impact nearby properties.

A variety of remedies can be explored in combating "oversized" homes, also known as "McMansions," as well as the subdividing of lots into substandard parcels. Possible remedies could include limits on the total allowable square footage of new homes, more stringent building height restrictions, increased setbacks from property lines and reduced allowable building coverage of lots (percentage of lot covered by building footprint).