51 CANAL STREET ORDER TO ABATE NUISANCE 5-10-2023 i . ►� f CITY OF SALEM MASSACHUSETTS lu
BOARD OF HEALTH
98 W ASHINGTON STREET 3'D FLOOR Pu1b&He.A1t1
Prevent.Promote.Protect.
TEL. (978) 741-1800
ROBERT MCCARTHY health e)salem.com
DAVID GREENBAUM,RS
ACTING MAYOR HEALTH AGENT
Order to Abate Nuisance May 10,2023
New York Capital Investment Group,LLC
500 Turnpike Street
Canton,MA 02021
The Salem Board of Health received a complaint regarding the car wash blowers of the automated car wash at the rear of 51 Canal Street.The
complaint stated that the car wash blowers were creating a noise nuisance that lasted from early morning to early evening during the days the
car wash establishment was open for business.
The Salem Board of Health conducted an inspection on April 13,2023 in two sessions: one in the morning starting at 10:00am and another in
the evening starting at 5:00pm.This inspection revealed that the car wash blowers,when activated,takes the sound levels from an established
ambient background noise level of that ranges between 61-64 decibels(dB)and raises it by 11 dB,both at the car wash's property line and at
the nearest residence, 15 Ropes Street.All measurements were taken on the A scale.
In accordance with 310 CMR 7.10,and the Massachusetts Department of Environmental Protection's Policy No. 90-001,the Salem Board of
Health determines that the car wash blowers of the automated car wash at the rear of 51 Canal Street creates a public health nuisance at
the location of the nearest residence, 15 Ropes Street.
In accordance with 310 CMR 7.52,you are ordered to take any and every action to mitigate the noise emitted from the car wash blowers
so that when the blowers are on,the sound level is equal to or less than 10 dB above ambient background noise levels.Owner of these
car wash blowers must comply immediately upon receipt of this order.Further,you are to take action to prevent the reoccurrence of the
nuisance.
Failure to comply with this order may result in a penalty of up to one thousand dollars per day.
Additionally,pursuant to MGL Chap 111s125,the Board of Health may cause the nuisance to be removed and may take actions to remediate
the nuisance.Any expenses incurred thereby shall constitute a debt due the city or town upon the completion of the removal and the rendering
of an account therefor to the owner,his authorized agent,or the occupant,and shall be recoverable from such owner or occupant in an action
of contract
Should you be aggrieved by this Order,you have the right to request a hearing before the Board of Health.A request for such a hearing must
be received in writing in this office of the Board of Health within seven(7)days of receipt of this Order.At said hearing,you will be given
the opportunity to be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn.You
may be represented by an attorney.Please also be informed that you have the right to inspect and obtain copies of all relevant inspection or
investigation reports,orders,and other documentary information in the possession of this Board,and that any adverse party has the right to be
present at the hearing.
For the and o�Healt Reply to:
Da d reenbaum e 6reyarosy
Health Agent Sanitarian