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51 CANAL STREET ORDER TO ABATE NUISANCE (NOISE) 5-12-2021 a CITY OF SALEM, MASSACHUSETTS 10 BOARD OF HEALTH 98 WASHINGTON STREET,31D FLOOR %bHcHean Pre�ent.Promote.Protect. TEL. (978) 741-1800 KIMBERLEY DRISCOLL health@salem.com DAVID GREENB.AUM,RS MAYOR HF-mmi AGENT Order to Abate Nuisance May 12,2021 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 investigation on May 6,2021 starting at 10:l0am and discovered that the car wash blowers,when activated,raised the sound levels from an established ambient background noise level of 63.8 decibels(dB)to an ambient background plus noise level of 82.0 dB at the car wash's property line and 80.0 dB at the nearest residence, 15 Ropes Street.These are differences of 18.2 dB and 16.2 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 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 less than 10 dB above ambient background noise levels.Owner of these car wash blowers 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. For e Board Health: )effrey ly David 3rtee a BarosyHealth AgAt itarian I 0 Qg- Noise Guide �J BACKGROUND PLUS SOUND SOURCE V/1 y+/ J kl eS Page 16 Take the "background plus sound source" readings at the property line of the sound source, and at the nearest inhabited residence (and/or at complainants location if not the nearest residence) while the offending sound source is "on". Take an instantaneous reading every 10 seconds. Continue for as long as necessary to determ a :thO.maicimu .;;so a..,I - g':... �: ,�1i ��::-eP= �"�:?�'bv����.•. � s'r�ii�.��:'� •�-�`oiii=��he'�`ai�i�t�t.:goiif^ Location'R�p`s S+Yuf C��j r^soux�d source on/of f Start time 0/pm date 1. Minute l: 1st 10mec r dB(A) 56. Minute 10: lst loses � dB(A) 2. 2nd _ 57. 2nd 17 3. 3rd 58. 3rd 4. 4th 59. 4th o/ 5. 5th Z ;/ 60. 5th ✓ 6. 6th _✓ 61. 6th 7. Minute 2: 1st 10sec VdB(A) 62. Minute 11: 1st 10sec ;;, dB-(A) 8. 2nd 63. 2nd 9. 3rd 0 V 64. 3rd 10. 4th 65. 4th 5� Vol 11. 5th ffl 66. 5th 1i ✓ 12. 6th 7 q 67. 6th 13. Minute 3: 1st loses , ✓dB(A) 68. Minute 12: 1st 10sec (A) 14. 2nd ✓ 69. 2nd 15. 3rd ✓ 70. 3rd a/ 16. 4th 71. 4th 17. 5th �✓ 7 . 5th , Z8. 6th 73. 6th v/ 19. Minute 4: 1st 10sec �(,2 d3(A) 74. Minute 13: Zst •joaec u-M(A) 21. 2nd _ 75. 2nd 22. 3rd 76. 3rd 23. Ath 77. 4th 24. 5th 78. 5th 25. 6th 79. 6th 26. Minute 5: 1st 10sec v dB(A) 80. Minute 14: 1st 10se6 o/dB(A) 27. 2nd 81. _ 2nd / 28, 3rd r/,Q 82. 3rd %/ 29. 4th 83. 4th 30. 5th 3. 84. 5th 31. 6th 85. 6th 32. Minute 6: 1st loses dB(A) 86. Minute 15: 1st loses dB(A) 33. 2nd 87. 2nd 34. 3rd (�'7,+{ 88. 3rd 35. 4th . 89, 4th' ��1 36. 5th 90. 5th 37. 6th ✓ 91. 6th 38. Minute 7: 1st 10sec (A) 92. Minute 16: 1st 10sec dB(A) 39. 2nd Q�r 4 ✓ 93. 2nd 40. 3rd ✓ 94. 3rd 41. 4th ,/ 95. 4th 42. Sth 96. 5Eh 43. 6th 97. 6th _ 44. Minute 8: 1st loses dB(A) 98. Minute 17: 1st losee dB(A) 45. 2nd 99, 2nd 46. 3rd V, 100. 3rd 47. 4th 48. 5th ✓ 49. 6th ✓ 50. Minute 9: lst loses r/dB(A) �^ 51. 2nd .2,i/' V= VG.0 Vass Q toWe'r5 o 52. 3rd © ✓ 53. 4th � 54. 5th 55. 6th $ Noise Guide BACKGROUND PLUS SOUND SOURCE Page iG Take the "background plus sound source" readings at the property line of the sound source, and at the nearest inhabited residence (and/or at complainant's location if not the nearest residence) while the offending sound source is "on". Take an instantaneous reading every 10 seconds. Continue for as long as necessary to d te`rm a :the.inax �fium. sa1.3a lav`ez5�. - TJhe_ h4#kesa•-,measttr.� .�:.. 15' �y VLrf LocatKo s s�r li P s2und source on/off Start time( >am/pm date VDj 7 1. Minute 1: 1st 10sec dB(A) 56. Minute 10: 1st 10sec 2q_3/dB(A) 2. 2nd UZI 57. 2nd 3. 3rd 58. 3rd ��/ 4. 4th 17 59. 4th .2✓ S. 5th 60. 5th 4,0 y/ 6. 6th Q.p 61. 6th 7. Minute 2: 1st 10sec 44#9 dB(A) 62. Minute 11: 1st lOsec ,/dB(A) S. 2nd q.f7 63. 2nd 1/ 9. 3rd 64. 3rd 10. 4th 65. 4th Ell /l1. 5th 66. 5th 12. 6th (� 67. 6th 13. Minute 3: 1st 10sec dB(A) 68. Minute 12: 1st 1Osec dB(A) 14. 2nd S.Q 69. 2nd 15. 3rd. 70. 3rd 16. 4th 71- 4:th _ 17. 5th 72. Sth 18. 6th 73. 6th 19. Minute 4: 1st 10sec d (A) 74. Minute 13: lst •10sec F� BFe dB(A) 21. 2nd 75. 2nd - 22- 3rd (n5 76. 3rd 23. Ath 77. 4th 24. 5th 78. 5th 25. 6th 79. 6th 26. Minute 5: let 10sec dB(A) 80. Minute 14: lot 10sec' , dB(A) 27. 2nd C.r' ei. 2nd 28. 3rd 64. Li _ 82. 3rd l�.C� . 4th c� 83. 4th 30 30. 5th 84. 5th 31. 6th 85. 6th 32. Minute 6: 1st 10sec dB(A) 86. Minute 15: 1st 10sec '�-p (A) - dB 33. 2nd 87. 2nd f�,n 34. 3rd "In 88. 3rd 35. 4th V,1_ 89. 4th" 3 5. 5th 9 . 5th 37. 6th 91. 6th 38. Minute 7: 1st 10sec VdB(A) 92. Minute 16: 1st 10sec (A) 39. 2nd , ✓ 93. 2nd 40. 3rd ✓ 94. 3rd 41. 4th & 95. 4th 42. 5th Vol' 96. 5fh 43. 6th 97. 6th 44. Minute 8: 1st 10sec dB(A) 98. Minute 17: 1st 10sec9-to ✓dB(A) 45. 2nd 99. 2nd / 46. 3rd 100. 3rd 4 . 4th 48. 5th 49. 6th 50. Minute 9: 1st 10sec dB(A) 51. 2nd 52. 3rd 53. 4th 54. 5th Vol 55. 6th Oc'F Noise Guide BACKGROUND PLUS SOUND SOURCE Page 16 Take the "background plus sound source" readings at the property line of the sound source, and at the nearest inhabited residence (and/or at complainant's location if not the nearest residence) while the offending sound source is "on". Take an instantaneous reading every 10 seconds. Continue for as long as necessary to d-eteMine the.in-a-kirdum..sa d.' A-V • Tltie..'1i;�-�ies:t••,measu-r•. �;:::.,..�• ��.-. ,: ,•, .-�:<._rrr.-• -r�-r. - _ - _ s._.. _ �ep�� •::ti *;�v��wf�; � � �'3� f a-Il ti S '�C.S -, Location" S� ` � sour source on/off Start time ' � &pm date 1. Minute 1: 1st 10sec 61. dB(A) 56. Minute 10: 1st losec 662,7 dB(A) 2. 2nd 5 . 2nd , 3. 3rd 58. 3rd 2 4 4th � 59. 4th S. 5th 6 . 5th 6. 6th 61. 6th 7. Minute 2: 1st losec H621-', dB(A) 62. Minute 11: 1st 10sec dB(A) 8. 2nd 63. 2nd 9. 3rd 64, 3rd 2 10. 4th 65. 4th 11. 5th 66. 5th ✓ 12. 6th 63,E 67. 6th 13. Minute 3: 1st 10sec ��_✓ (A) 68. Minute 12: 1st 10pec vdB(A) 14. 2nd ' 69. 2nd 15. 3rd ✓ 70. 3rd 16. 4th _e/ 71. 4�th E �/ 1 5th ✓ 7 . 6th 18. 6th ✓ 73. 6th 19. Minute 4: 1st 10sec 1�_ dB(A) 74. Minute 13: 1st -10sec dB(A) 21. 2nd 75. 2nd 62- q 2 . 3rd 7 . 3rd 23. ,4th 77. 4th 21 , 24. 5th �_ 78. 5th 25. 6th 1 79. 6th 26. Minute 5: 1st 10sec ,4 dB(A) 80. Minute 14: 1st 10sec dB(A) 27. 2nd 81. _ 2nd 28. 3rd C3,Z _ 82. 3rd 2r�f 29. 4th 83. 4th 3 . 5th 84. 5th 31. 6th 85. 6th 32. Minute 6: 1st 10sec dB(A) 86. Minute 15: 18t 10sec dB(A) 33. 2nd 87. 2nd 34. 3rd 88. 3rd D,[� 35, 4th 89. 4th- 36. 5th 90, 5th �,9 37. 6th r/ 91. 6th 38. Minute 7: lst 10sec __✓dB(A) 92. Minute 16: 1st 10sec 6 dB(A) 39. 2nd ✓ 93. 2nd C 40. 3rd ✓ 94. 3rd 41. 4th �✓ 95. 4th 42. 5th 21j- ,/ 96. 5Eh 43. 6th 2a q V110 97. 6th 44. Minute 8: 1st 10sec v/dB(A) 98. Minute 17: 1st 10sec -7- dB(A) 45. 2nd ✓ 99. 2nd 46. 3rd 100. 3rd ( _ 47. 4th 48. 5th 49. 6th 50. Minute 9: lst 10sec C dB(A) 51. 2nd G2-10- 5 . 3rd k erg_ 53. 4th 54. 5th 55. 6th Noise Guide BACKGROUND PLUS SOUND SOURCE Page 16 Take the "background plus sound source" readings at the property line of the sound source, and at the nearest inhabited residence (and/or at complainant's location if not the nearest residence) while the offending sound source is "on". Take an instantaneous reading every 10 seconds. Continue for as long as necessary to d term a :the.ina nium..sopiid:' e-ps . . ,a- ,:.'y:: . ,•, :; : . 1,...:_ • ,; t-�orbroiiiz the: our�t source, iNi ' shoul(i'b� �bmFaae Location sound source on/off -:Eh- e rr" } � Start time( I 14 am/pm date J 1. Minute l: Ist 10sec � dB(A) 56- Minute 10: Ist 10sec (r39�� dB(A) 2. 2nd 57. 2nd , 3. 3rd ro1,V 58. 3rd 2 4. 4th CQ6c:�-_ 59. 4th 5. 5th 60. 5th 6. 6th 61. 6th r 7. Minute 2: Ist 10sec dB(A) 62. Minute 11: 1st 10sec dB(A) 8. 2nd 63. 2nd 9. 3rd , 64. 3rd 10. 4th 65. 4th , 11. 5th 66. 5th 12. 6th 62,D ! 67. 6th 13. Minute 3: 1st 10secvoo v B(A) 68. Minute 12: Ist loses dB(A) 14. 2nd / 69. 2nd 15. 3rd 70. 3rd 16. 4th 71. 4th 17. 5th V711 ✓ 72. 5th 18. 6th / 73. 6th 19. Minute 4: 1st 10sec d8(A) 74. M-inute 13: Ist loses dB(A) 21. 2nd 75. 2nd 22. 3rd 4211- 76. 3rd 23. Ath 77. 4th 65"a 24. 5th -'Z 78. 5th &s y 25. 6th Q 3,1 79. 6th 26. Minute 5: 1st loses E2,,q dB(A) 80. Minute 14: Ist 10sec dB(A) 27. 2nd 81. 2nd 28. 3rd � 82. 3rd 29. 4th 83. 4th 31Q 30. 5th .2 84. 5th o4. , 31. 6th 85. 6th 32. Minute 6: 1st 10sec dB(A) 86. Minute 15: 1st 10sec dB W 33. 2nd 87. 2nd 34. 3rd _ 88. 3rd 35. 4th 89. 4th" , 36. 5th (� 9 . 5th 3 6th 9 38. Minute 7: 1st 10sec 4,�a i dB(A) 921. Ist Minute 16: Ist loses dB(A) 39. 2nd 621,; 93. 2nd 4 . 3rd 94. 3rd 41. 4th 95. 4th 42. 5th 96. 5Eh 47,7 43. 6th 97. 6th , 44. Minute 8: 1st 10sec dB(A) 98. 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