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status of a non -conforming use, both under G. L. C. 40A, the <br />Zoning Enabling Act, and under the definition contained in section <br />2.20B of the present zoning by-law. The town recognized this <br />when in 1971,.by vote of town meeting, it modified the restrictions <br />in the 1964 deed. Since the use of the land is a non -conforming <br />use, it is not adversely affected by the 1971 zoning by-law. <br />i <br />12. Conclusion: New Seabury Corporation has the right, under its 1964 <br />speciaTpermit, under the restrictions in the 1964 deed as <br />modified by the December 1971 agreement and as a valid non- <br />conforming use, to construct the dwelling units covered by the <br />building permits in accordance with filed, plans. <br />i <br />The order or decision of the Assistant Building Commissioner revoking <br />the permits was erroneous. The permits should be restored. <br />New Seabury Corporation <br />By its attorneys, <br />Rollins & Rollins and Ropes & Gray <br />byC�er <br />Daniel G. Rollins <br />1300 Boylston Street <br />Brookline, Massachusetts 02167 <br />