Opinion
May 8, 1995
Appeal from the Supreme Court, Suffolk County (Dunn, J.).
Ordered that the judgment is affirmed, with costs.
The Board of Zoning Appeals of the Town of Smithtown (hereinafter the Board) properly determined that the applicant, Robert Strain, was entitled to the requested area and frontage variances under the doctrine of single and separate ownership. Although the parcels in question were joined at the rear, thus forming a "back to back split", the finding by the Board that the record did not establish the existence of a merger during the period of common ownership is supported by substantial evidence (see, Matter of McDermott v Rose, 148 A.D.2d 615, 615-616; Matter of Barretto v Zoning Bd. of Appeals, 123 A.D.2d 692; Matter of Bexson v Board of Zoning Appeals, 28 A.D.2d 848, 849, affd 21 N.Y.2d 961).
The petitioners' remaining contentions are without merit. Joy, J.P., Friedmann, Krausman and Florio, JJ., concur.