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" Applicants appear to be basing their construction on the phrase " the actual commencement of the use , improvement or development of the land . " Let a dozen boys of ten years get together , and you will soon observe two or three are " whittling " out some ingenious device ; working with locks or complicated machinery . As noted , the " grandfathering " language of ECL 24-1305 ( c ) refers to " the issuance of a building permit or other authorization for the commencement of the use , improvement or development for which such permit or authorization was issued or in those local governments which do not require such permits or authorizations , the actual commencement of the use , improvement or development of the land . This statement is usually followed by one that states that since the candidate keeps up on his or her industry or profession by reading and keeping in contact with people in the same profession , he or she knows exactly what the market will bear in looking for a new opportunity . On the one hand , the Act does not define the terms " water charges or water rates .