The judgment as to count I is vacated and, as to that count, a new provision is to enter that under G. L. c. 240, § 14A, the plaintiff has a right to file a building permit for the construction of a single family dwelling on the parcel of land located on Ocean Avenue known as assessor's map 33, block 39, based upon section 3.4 of the zoning by-law, as amended by the Swampscott annual town meeting of May 5, 1997. As to count II, the judgment...
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