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c) The restrictions run with all of the land; are noted <br /> on the certificates of title; and have a stated duration of <br /> the maximum period permitted by G. L. c . 184, §27 ; contain the <br /> proper provision for extension; and <br /> d) have the effect of permitting no more than three dwelling <br /> units times the number of acres , and no more than 870 square feet <br /> of area times the number of acres of registered land to be devoted <br /> to commercial uses , other than recreational uses. <br /> 4. The 1964 special permit has been "made use of in the <br /> intended manner within twelve (12) months" as required by the <br /> zoning by-law, Section G. 3(c) . <br /> 5. The petitioner has never abandoned its special permit <br /> or the rights granted thereunder. In Pioneer Insulation & <br /> Modernizing Corp . v. Lynn, 331 Mass . 560, 564-565 (1954) , the court <br /> stated that it is : <br /> "generally held that the word 'discontinued' is <br /> the equivalent of abandoned. Hence it uniformly <br /> has been stated--and rightly we think--that. the <br /> discontinuance of a non-conforming use results <br /> from the concurrence of two factors 1) the <br /> intent to abandon and 2) voluntary conduct, <br /> whether affirmative or negative, which carries <br /> the implication of abandonment. Thus non- <br /> occupancy of the premises and suspension or <br /> cessation of business due to causes over which <br /> the owner has no control do not of themselves <br /> constitute a discontinuance; and lapse of time <br /> is not the controlling factor, although it is <br /> evidential, especially in connection with facts <br /> showing an intent to discontinue the use. " <br /> -11- <br />