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271 LAFAYETTE STREET - BUILDING INSPECTION 271 T.AFAYET.TE STREET Mr, and Mrs. Matthew T. Leider 271 Lafayette Street, Unit 2 Salem, MA 01970 April 27, 2006 Dear Mr. St. Piere, Re: 271 Lafayette Street, Salem MA 01970 As per our conversation, we are the owners of Condominium Unit#2 at the above address, a three unit residential Condominium building. We understand there might be a request made by the prospective owners of Unit#1 (the first floor Unit)that the Zoning Board Association allow this Unit to be used for a full time beauty and massage salon. If a hearing is called regarding this change in use between May 23rd and June 11th,2006, please note we will be out of the country at that time and unable to attend. However, in our absence, we would greatly appreciate your informing the Board that we strongly object to this change in use and urge the request be rejected. Thank you very much for your time. If you have any further questions we can be reached at(978) 745 5504 or(617) 610 1415. Sincerely, l/V Mr. and Mrs. Matthew Leider a CITY OF SALEM PUBLIC PROPERTY DEPARTMENT KLM6ERLEY DRISCOLL NLAYOIt 120 WASHINGTON STREET* SlV.ED4,D'L\SSACHIiSETTS 01970 TE.:978-745-9595 ♦ FAx:978-740-9846 April 27, 2009 Jean Porcello Esq. Porcello Law Offices 271 Lafayette Street U-1 Salem, Ma. 01970 RE: 271 Lafayette Street Dear Attorney Porcello: The City Assessors Department has made us aware that the Unit 1 at the above address is being used and occupied as a professional office. The last Certificate of Occupancy issued for that address was for a residential dwelling unit. A Building Permit Application for a "Change of Occupancy" must be submitted to this office to legalize that change. Please contact me at your earliest convenience to discuss this matter. Sincerely, Thomas E. McGrath Assistant Building Inspector cc: J. Murphy, Assessor's Office a CITY OF SALEM PUBLIC PROPERTY DEPARTMENT KIMBERLEY DIUSCOLL MAYOR 120 WASHING"CON S,mur.r♦ SALB.M,MASSACHUSETTS 01970 TEL:978-745-9595 ♦F x:978-740-9846 April 27, 2009 Jean Porcello Esq. Porcello Law Offices 271 Lafayette Street U-1 Salem, Ma. 01970 RE: 271 Lafayette Street Dear Attorney Porcello: The City Assessors Department has made us aware that the Unit 1 at the above address is being used and occupied as a professional office. The last Certificate of Occupancy issued for that address was for a residential dwelling unit. A Building Permit Application for a "Change of Occupancy" must be submitted to this office to legalize that change. Please contact me at your earliest convenience to discuss this matter. Sincerely, Thomas E. McGrath Assistant Building Inspector cc: J. Murphy, Assessor's Office � �� �, '� lr�� ,�� _ .. C ` ,. f- A� \A 1 y �� +' .� . , r �' ;y_�, 'a ��' 1 _ S� .I � � .-:; ;; .�`�' � r . , :elf �t I{��:. s �, ��.�.� (\ I�I� 4 •SENDER:Completdttems land 2 when additional services are desired,and complete items 3 and 4. Put your address in the"RETURN TO"space on the reverse side.Failure to do this will prevent this card from being returned to you.The return recei t fee will rovide ou the name of the erson delivered to and the date of delive .For additionales the fo lowing services are available.Consult postmas r for fees and check ox es)for additional service(s)requested. 1. Show to whom delivered,date,and addressee's address. 2. ❑ Restricted Delivery. 3.Article Addressed to: � 4.Article Number T Type of Service: Express Insured WCd (� 1f COD O UExpress Mail Always obtain signature of addressee or agent and DATE DELIVERED. 5.Sig ature—Address 8.Addressee's Address(ONLY if X requested and fee pard) 6.Signature—/Agent X 7.Date of Delivery �\\^ PS Form 3811,Feb.1986 DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVICE I (I II I OFFICIAL BUSINESS SENDER INSTRUCTIONS Print your name,address and ZIP Code in the specs below. Complete items 1,2,3,and 4 on a� hot arse. •Attac;l to front of article if space permits,otherwise affix to back of article. e Endorse article"Return Receipt PENALTY FOR PRIVATE Requested"adjacent to number. USE, $aoo RETURN Print Sender's name,address,and ZIP Code in the space below. TO / D 0wa P-607 167 270 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) c Sent to IQ M � Street and No. O a P.O.,State and ZIP Code L7 H Postage S 7 Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Dale Delivered N q Return Receipt showing to whom. Date,and Address of Delivery d TOTAL Postage and Fees S Postmark or Date E `o LL N 6 STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(sea front) -1. If you want this receipt postmarked,stick the gummed stub to the right of the return address leaving the receipt attached and present the article at a post office service window or hand It to your rural carrier. (no extra charge) 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return address of the article,date,detach and retain the receipt,and mail the article. 3. If you want a return receipt,write the certified mail number and your name and address on a return receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends if space per- mits. Otherwise,affix to back of article.Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. I1 you want delivery restricted to the addressee,or to an authorized agent of the addressee,endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested In the appropriate spaces on the front of this receipt.It return receipt is requested,check the applicable blocks in item i of Form 3811. 6. Save this receipt and present It if you,make inlut1Y. .CUNM�..(Q@. CtU of "Meni, fflassar4uut - �ul�lic �ruperf� �elr�rt(uettt '''Aec�x�ev°*"`� �I'' tl(I�IlSC� rti�P�,ijlrftiSPllt 4 Ate „*ttlrnt (6reen 74�-0213 William H. Munroe Director of Public Property Maurice M. Martineau, Ass't Inspector Inspector of Buildings Edgar J. Paquin, Ass't Inspector Zoning Enforcement Officer John L. LeClerc, Plumbing/Gas Insp. Sept. 1, 1987 Clifford Abelson 271 Lafayette St. ' Salem, Ma. 01970 RE: 271 Lafayette Street Dear Sir: o We have received numerous complaints regarding the repair of porches on your property. I would call your attention to section 113' ` Commonwealth of Massachusetts State Building Code, fourth edition, regarding Application for Permits. These alterations on your property are not covered under the roofing permit you have. The building in question, 271 Lafayette St. is in a Historic District, therefore, you must also contact the Historical Commission. Please take the appropriate action regarding the above complaint within seven days from receipt of this letter. If no action is taken, we will seek a complaint against you in Salem District Court. Sincerely, David J. Harris Asst. Building Inspector DJH/lyd CC: Historical Commission Ward Councillor City Clerk L. Mroz cc; City Clerk Building Inspector Salem Historical Commission �s { CITY HALL. SALEM. MASS. 01970 CERTIFICATE OF HARDSHIP It is hereby certified that the Salem Historical Commission has determined that the proposed construction [ 71; reconstruction [ ]; demolition [ ]; moving [ ]; alteration [ ]; painting [ ]; sign or other appurtenant fixture [ ] work as described below in the . . . Lafayette St. Historic District. (NAME OF HISTORIC DISTRICT) Address of Prope rty:e 271'Lafayette se._ Name of Record Owner: Clifford & Susan Abelson DESCRIPTION OF WORK PROPOSED: Installation of one above-ground telecommunications cabinet located as shown on plan. 12" a 66" x 70" with 18" x 78" cement concrete pad as per pictures presented. Conditional that the granite curb boundary be- undisturbed and that an evergreen be planted in front large enough for sufficient screening. REASON FOR ISSUANCE OF CERTIFICATE OF HARDSHIP: [x] 1 . The application affects only the building or structure on which work is to be done and not the historic district in general . �] 2. The application is approved because it does not cause substantial detriment to the public welfare. [x] 3. The application is approved because it does not cause departure from the intent and purposes of the amended historic district act. will be appropriate to the preservation of said Historic District, as per the requirements set forth in the Historic District's Act (Federal Laws, Ch. 40C) and the Salem Historical Commission. Dated: 10/18/90 SALEM HISTORICAL COMMISSION / BY Chairman Certificate No: 38-2003 Building Permit Ni 38-2003 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the CONDOMINIUM located at Dwelling Type 0271 LAFAYETTE STREET in the CITY OF SALEM Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY UNIT 3 This permit is granted in conformity with the Statutes and ordinances relating thereto, and expires unless sooner suspended or revoked. Expiration Date ............... ............_.. Issued On: Thu Jun 26, 2003 -------------------------------------- --------------- ------------------- LG..TMSO 2003 Des Launers Municipal Solutions,Inc. -"""-""'-"........-"-"-"- - - --"---------------------------------- Certificate No: 38-2003 Building Permit No.: 38-2003 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the CONDOMINIUM located at ---------------------------.....-1—___----- Dwelling Type 0271 LAFAYETTE STREET in the CITY OF SALEM Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY UNIT 3 This permit is granted in conformity with the Statutes and ordinances relating thereto, and expires unless sooner suspended or revoked. -------------------------------------------- Expiration Date _----------------------- ---------------------_ ----------------- --------- - Issued On: Thu Jun 26, 2003 - ---------------------------------------- GeoTM3®2003 Des Lauriers Municipal Solutions,Inc. ---------- ------------------------------------------------ Certificate No: 38-2003 Building Permit No.: 38-2003 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the CONDOMINIUM located at Dwelling Type 0271 LAFAYETTE STREET in the CITY OF SALEM - -- --------------------------------------------- - - - Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY UNIT 2 This permit is granted in conformity with the Statutes and ordinances relating thereto,and expires unless sooner suspended or revoked. Expiration Date ----------------------------------- Issued On: Thu Jun 26, 2003 - - - --- ------------------------------------- GeoTMS®2003 Des Lauriers Municipal Solutions,Inc. ---------------------------------------------------'------------'--"'----'-'-' Certificate No: 38-2003 Building Permit No.: 38-2003 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the CONDOMINIUM located at - -- - - - ------------------------- - Dwelling Type 0271 LAFAYETTE STREET in the CITY OF SALEM - - - ------------------ - --------------------------------------------------- Address Town/Cit Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY UNIT 2 This permit is granted in conformity with the Statutes and ordinances relating thereto,and expires unless sooner suspended or revoked. Expiration Date ._.....................----------------------''--'-.---------------------'---- Issued On: Thu Jun 26, 2003 .. ......_.._ - GeoTMS®2003 Des Lauriers Municipal Solutions,Inc. ----------------------------------------------------------------------------- Certificate No: 38-2003 Building Permit No.: 38-2003 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the CONDOMINIUM located at ....... ._....._........_....._........ ..— Dwelling Type 0271 LAFAYETTE STREET in the CITY OF SALEM Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY UNIT 1 This permit is granted in conformity with the Statutes and ordinances relating thereto, and expires unless sooner suspended or revoked. Expiration Date Issued On: Thu Jun 26, 2003 --- — -------_......---------------------..._. GeoTMS®2003 Des Lauriers Municipal Solutions,Inc ...... --------------------- Certificate No: 38-2003 Building Permit No.: 38-2003 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the CONDOMINIUM located at ---------------------------------------------------- Dwelling Type 0271 LAFAYETTE STREET in the CITY OF SALEM Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY UNIT I This permit is granted in conformity with the Statutes and ordinances relating thereto,and expires unless sooner suspended or revoked. Expiration Date Issued On: Thu Jun 26, 2003 ---- - ------------------------------------ GeoTMS®2003 Des Laurens Municipal Solutions,Inc. ---------------------------- ----- ---------------------------------------- . 4 Certificate No: 38-2003 Building Permit No.: 38-2003 Commonwealth ofMassachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the RESIDENCE located at Dwelling Type 0271 LAFAYETTE STREET in the CITY OF SALEM -- - - - d A- dress- .................. -- .. .. - - _ - - ----- ........ ---- ------_ niC-...... - ----- - - Towwn/Ci-ity Name a - IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY This permit is granted in conformity with the Statutes and ordinances relating thereto,and expires unless sooner suspended or revoked. Expiration Date Issued On: Wed Jun 25,2003 -----......... .-_..---------- ._...-.. . ..__.....------...-------._. GenTMS®2003 Des Lauriers Municipal Solutions Inc - - Certificate No: 38-2003 Building Permit No.: 38-2003 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the RESIDENCE located at _----------------- Dwelling Type 0271 LAFAYETTE STREET in the CITY OF SALEM - -------------------- - -- Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY This permit is granted in conformity with the Statutes and ordinances relating thereto,and expires unless sooner suspended or revoked. Expiration Date ---_------------------------------------------------------ Issued ----------._----------------------------------_--- Issued On: Wed Jun 25, 2003 ......... _ -------- GeoTMS®2003 Des Lenders Municipal Solutions Inc - - - - -- --- L - --------- -------------------- - ---'-'- - -- jr 0211 LAFAYETTE STREET 38-2003 V sal COMMONWEALTH OF MASSACHUSETTS 33 CITY OF SALEM � 0443201- "BuildingREPAIR,RBPLACE BUILDING PERMIT 38 2003 ' " Project# JS 2003!0044 Est. Cost: $60,000.00 Fee: $605.00< .ha PERMISSION IS HEREBY GRANTED TO: Const. Class: Contractor: License: Use Group: Tim Pitman General Contractor-CS070627 Lot Size(sq. ft.): 14250 Owner: RICHARD NEWBURG Zonm Rl .�PP>li..ant: tiomenvmexs' , Units Gained: Units Lost AT: 0271 LAFAYETTE STREET ISSUED ON: 17-Jul-2002 AMMENDED ON. EXPIRES ON. 09-Ian-2003 TO PERFORM THE FOLLOWING WORK. 38-2003 REMODEL KITCHENS AND BATHS - 1ST,2ND&3RD;REMODEL FRONT PORCH. TSP POST THIS CARD SO IT IS VISIBLE FROM THE STREET Electric Gas /l/ Imo/ Plumbing Building Underground: Underground- �- Underground: Excavation: Service: Meter: Footings: 1 fl ,� . Rough: •�;j.�(• .li✓n`��J Rough: Rough. Foundation: Final: j/ice/4,3 �+:=1/� Final: ough Frame: �f//yYY Fireplace/Chimney: r D.P.W. Fire Health Meter: Oil: Insulation: House# Smoke:�j Y/ c Final:0(� c " , / r Treasury: Water: Alarm. - CL :. c _ IJk C�6 Sewer: Sprinklers: THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UfON VIOLATION OFANY OF ITS RULES AND REGULATIONS. . �V,� / 4 Signature: """44C Fee Type: Receipt Ko: Date Paid: Check No: Amount: BUILDING REC-2003-000055 09-Jul-02 1732 $605.00 , s GeoTMS®2002 Des Lauriers Municipal Solutions,Inc. M e . �•C� DIS ld Ale rsQ�re�Ao CITY OF, SALEM '(Di-N, ^ F _ T l i s " 1 � Certificate No: 38-2003 Building Permit No.: 38-2003 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the RESIDENCE located at Dwelling Type 0271 LAFAYETTE STREET in the CITY OF SALEM - - - - -------------------- - -- - Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY This permit is granted in conformity with the Statutes and ordinances relating thereto, and expires unless sooner suspended or revoked. Expiration Date ..._............_._.......................... _.-----_-'-.-_-'-'-- Issued On: Wed Jun 25, 2003 - - - -- -- ------- . GeoTMS®2003 Des Lauders Municipal Solutions,Inc. ---------------------------------------------------------------------- ----- Certificate No: 38-2003 Building Permit No.: 38-2003 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the RESIDENCE located at - ....................... - - - Dwelling Type 0271 LAFAYETTE STREET in the CITY OF SALEM - -------- - -------------------- Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY This permit is granted in conformity with the Statutes and ordinances relating thereto, and expires unless sooner suspended or revoked. Expiration Date Issued On: Wed Jun 25, 2003 --------------------------------- - GeoTMS®2003 Des Landers Municipal Solutions,Inc. -- ----------------------------------------------------------------- ---- -- - .._ ---------------------------------- - Certificate No: 38-2003 Building Permit No.: 38-2003 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the RESIDENCE located at .. ........---- Dwelling Type 0271 LAFAYETTE STREET in the CITY OF SALEM _.... .. - - - - ---------- Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY This permit is granted in conformity with the Statutes and ordinances relating thereto,and expires _ unless sooner suspended or revoked. Expiration Date Issued On: Wed Jun 25, 2003 --------------- - - ------------------- .. GeoTMS®2003 Des Lauriers Municipal Solutions,Inc ---------- -------------- ------------------------ ---- - --------------- Certificate No: 38-2003 Building Permit No.: 38-2003 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the RESIDENCE located at - ------------ -------------- -_------------- Dwelling Type 0271 LAFAYETTE STREET in the CITY OF SALEM -.._----------------------- - ----- - -- --..--------- --- -- - - Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY This permit is granted in conformity with the Statutes and ordinances relating thereto, and expires __ unless sooner suspended or revoked. Expiration Date Issued On: Wed Jun 25, 2003 GeoTMS®2003 Des Lauriers Municipal Solutions,Inc. --- - ------ -- — - - ----- -------- ------- - ofleztr, :> narb of '1Fpval 1-0 . 1$ . 7.1 -WILLIAM F. gpBOTT JAMES H. BOULDER Jos[PI: F. DOVLE ARl'HVIi LgnR[COUL T:.NI:11 J. NO RMgn' WCLCIi, JR. Albert R. Pitcoff, Esq . , 70 Wasl1_ington Street , Salem, Massachusetts - Dear Mr. Pi. tcof.f: We have been informed that a Bill in Equity has been filed in the Superior Court :in Salem v. Board of Appeals and RodriEue E . Berube , ap- pealing from the decision of the Board . This is with regard to a petition to the Board from Mr. Berube to alter the premises at 271 Lafayette Street and to occupy the basement and first floor for the conduct of a funeral service establishment . Very truly yours , JFD: cc JOSEPXI F. DOYLE , Secretary J; SEGAL & EDELSTEIN . RECEPY' '.i� ATTORNEYS,AT LAW q11 S 21 BROADWAY QCT 1 J 2 47 ) PM '/I BEVERLY, MASSACHUSETTS 01915 11' f CITY CLi F,("S OFFICE RALPH J. EDELSTEIN SALE1+i, uIASS. TELEPHONES 774-2197 JEROME A. SEGAL 927-2211 THOMAS SU550NE,U. October 15, 1971 Augustine J. Toomey, City Clerk City Hall Salem, Massachusetts 01970 1 Dear Sir: You are hereby notified that on October 15, 1971, I filed in the Superior Court in Salem, Massachusetts, a Bill in Equity on behalf of Yoseph Petrashkevitch, et ali v. William Abbott, et ali, members of the Salem Board of Appeals and Rodrigue E. Berube, appealing from the decision of the Board of Appeals filed with your office on September 29, 1971. A Attached hereto is a copy of the said Bill in Equity. Very truly yours, SEGAL AND EDELSTEIN By: 6 J ome A. Segal JAS:ddt Enclosure COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. SUPERIOR COURT EQUITY NO. YOSEPH PETRASHKEVITCH, 260 Lafayette Street, ANNA MARIE PETRASIIKEVITCH, 260 Lafayette Street, MICHAEL J. PETRASKIEWiCZ, 260 Lafayette Street, RICHARD M. RYAN, 274 Lafayette Street, JOSEPHINE M. RYAN, 274 Lafayette Street, HAROLD M. PERKINS, 266 Lafayette Street, MAUDE F. PERKINS, 266 Lafayette Street, CLARENCE FREEDMAN, 281 Lafayette.Street, all of Salem, Massachusetts VS. WILLIAM ABBOTT, 26 Hathorne Street, JAMES H. BOLGER, 22 Cleveland Road, JOSEPH F. DOYLE, 15 Forest Avenue, EMERY P. TANCH, JR. , 23 Pleasant Street, J. NORMAN WELCH, JF.. . 53 Raymond Road, JOHN M. GRAY, SR. , CHAIRMAN, 3 Larchmont Road, ARTHUR E. LABRF.COUE, 11 Hazel Street, all in Salem, In the County of Essex on the Salem Board of Appeals, and PODRIGUE E. BERUBE, doing; business under the name and style of Berube Funeral Service of 282 Washington Street In said Salem, Massachusetts BILI. OF COMPLAINT UNDER GENERAL LAWS, CHAPTER 40A, SECTION 21 1. The Plaintiffs are all residents and owners of their respective properties on Lafayette Street, Salem, Massachusetts, located in zoning District R-3 of the Zoning By-Laws of the City of Salem, and the parties are aggrieved by the granting of a variance and special permit to the defendant, Rodrique E. Berube, to allow occupancy of the basement and first floor of a building at 271 Lafayette .Street, Salem, Massachusetts, for the operation of a funeral service establish- ment, a certified copy of which is attached hereto and marked "A. " 2. The present zoning By-Law in the City of Salem was adopted on August 27, 1965 and was amended on September 2, 1969. 3. The said defendant, Rodrigue E. Berube, is the owner of said land and buildings at 271 Lafayette Street, which is in zoning District P-3 of the 7.oning By-Law of the City of Salem, Massachusetts. A building permit was denied to said defen- dant because R-3 Districts do not permit a funeral home. On or about August 26, 1971, said defendant petitioned the Board of Appeals to vary the terms cf the Salem Toning By-Laws, a copy of which is attached and marled "B. " A pubIio hearing was held on September 20, 1971, by the Board of Appeals and the said Board of Appeals filed its decision on September 27, 1971 in the office of the City Clerk of the City of Salem. SEGAL a EDELSTEIN T02NEYS AT IAW a Page Two 4. The decision of the said Board sets forth the following reason for granting a variance : "Because of a public safety factor in the interest of the general public concerning traffic conditions at and near the locus and because of the size and shape of the parcel, its topographic conditions and its location next to the St. Theresa's Church in Salem, the board finds that owing to tha conditions affecting this parcel of land but not affecting the zoning district generally, in which it is located, a literal enforcement of the provisions of the zoning by-laws will involve substantial hardship to the applicant and the desired relief may be granted without substantial detriment to the public good, but rather will be in the interest of the public good, and without substantially derogating from the intent and purpose of the Toning Ordinance. . . . . . . . . .. 5. The Plaintiffs say that the reasons for granting a variance do not set forth sufficient reasons for granting a variance as set forth in General Laws Chapter 40A, section 15, and the variance is void as a matter of law and the Board of Appeals exceeded its authority in granting the same. 6. The Plaintiffs say that the Zoning By-Law does not allow funeral service establishments in an R-3 zone by special permit and the Board exceeded its authority in granting same. 7. The Plaintiffs say that the petition to the Board of Appeals did not ask for a special permit and as a result, the Board exceeded its authority in granting a special permit. WHEREFORE, your Plaintiffs pray: 1. That a decree be entered to the effect that the Salem Board of Appals exceeded its authority In granting the special permit to the defendant, Rodrigue E. Berube. 2. That a decree be entered to the effect that the Salem Board of Appeals exceeded its authority in granting a variance to the defer2ant, Rodrigue E. Berube: 3. That the said decision of the Board of Appeals be annulled. 4. For such other and further relief as to this Honorable Court may seem meet and just. . . By their attorneys, SEGAL AND -DELSTEIN By: Jerome A. Se V