10 GENEVA STREET ORDER TO ABATE NUISANCE (NOISE) 9-21-2020 tI� � R
+ M CI`T'Y OF SALEM MASSACHUSETTS
/ BOAM) OF HEi1LTH IV
98 WASHINGTON STREET,3"F'FLOOR Prevent,
TEL. (978) 741-1800
KIMBERLEY DRISCOLL health@salem.com
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MAYOR HE AI;TI I AG I'NI'
Order to Abate Nuisance September 21,2020
Cheryl Cooper
10 Geneva Street
Salem,MA 01970
The Salem Board of Health received a complaint regarding the outdoor air conditioning unit closest to the rear of 10-12 Geneva Street on the
side of the property facing 4 Geneva Street. One of the owners of 4 Geneva Street claimed that the outdoor air conditioning unit emitted a
sound that was disturbing the occupants of his property whenever the outdoor air conditioning unit was activated.
The Salem Board of Health conducted an investigation on September 17,2020 starting at 1:15pm and discovered that the outdoor air
conditioning unit,when activated,raised the noise levels from an established ambient background noise level of 48.8 decibels(dB)to an
ambient background plus noise level of 65.0 dB at the property line and 61.0 dB at the complainant's location.These are differences of 16.2
dB and 12.2 dB,respectively.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 outdoor air conditioning unit closest to the rear of 10-12 Geneva Street on the side of the property facing 4
Geneva Street creates a public health nuisance at the complainant's location of 4 Geneva Street.
In accordance with 310 CMR 7.52,you are ordered to take any and every action to mitigate the noise emitted from the outdoor air
conditioning unit so that when the unit is on,the noise level is less than 10 dB above ambient background noise levels. Owner of this
outdoor air conditioning unit must comply within 30 days of 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 111025,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.
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