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51 CANAL STREET ORDER TO ABATE NUISANCE (NOISE) (RE-INSPECTION) 1-12-2022 �, CITY OF SALEM. MASSACHUSETTS 10 BOARD OF HEALTH 98 WASHINGTON STREET,31i6 FLOOR , bli�moH TEL. (978) 741-1800 KIMBERLEY DRISCOLL health@salem.com DAvm G1tEENBAIrnI,Rs MAYOR I IEsv'rrl AGENT Order to Abate Nuisance January 12, 2022 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 a re-inspection on December 28,2021 starting at 10:00am and discovered that the car wash blowers, when activated,raised the sound levels from an established ambient background noise level of 63.3 decibels(dB)to an ambient background plus noise level of 80.6 dB at the car wash's property line and 81.44 dB at the nearest residence, 15 Ropes Street.These are differences of 17.3 dB and 18.14 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 equal to or less than 10 dB above ambient background noise levels.Owner of these car wash blowers must comply immediately 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. I 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. Fo the o �d?of Health: Re to: I avid r un ey arosy Health Agent Sanitarian YOOF l/Verco s f S K je,5 Noise Guide Page 17 BACKGROUND Take "background" readings at a location where the sound source cannot be heard, or preferably, ask facility to turnoff offending equipment such as fan, compressor, etc. Take an instantaneous readin eve 10 seconds unti you have 100 readings. Sim LocationI5 Po �+r� sound source y line. Start •time ro� o(7 ®/pm date 1. FMi�utem � dB(A) 56. Minute 10: lst lOseC dB(A) �: 1st 10sec , 2. 2nd � 57. 2nd 6�^ 3. 3rd 63,3 58. 3rd 4. 4th f 59. 4th G!5-'!L- 5. 5th 60. 5th 6'F,S 6. 6th 61. 6th 6162 7. Minute 2: 1st 10sec b2,4 dB(A) 62. Minute 11: 1st 10sec dB(A) 8. 2nd 2�' 63. 2nd 9. 3rd G 64. 3rd 10, 4th 7L4 65. 4th 11. 5th a4,R 66. 5th 66,2a 12. 6th 67, 6th 6.s,?_ 13. Minute 3: 1st 10sec dB(A) 68. Minute 12: 1st 10sec dB(A) 14. 2nd ,> 69. 2nd 15. 3rd , 70. 3rd 16, 4th 71. 4th 17. 5th 3 72. 5th 18. 6th 63, 0 73. 6th 19. Minute 4: 1st 10sec E� dB(A) 74. Minute 13: 1st 10sec 66.Y dB(A) 21. 2nd 75. 2nd 22. 3rd r.3,3 76. 3rd 23. 4th rl�Z8 77. 4th (gig,rf 24. 5th 12 78-. 5th 63;� 25. 6th (1,7 79. 6th 26. Minute 5: 1st 10sec dB(A) 80. Minute 14: 1st 10sec /� dB(A) 27. 2nd �_ 81. 2nd 04 6 28. 3rd 65:3 82, 3rd 64.7 29. 4th 6s2 83. 4th (Oan 30. 5th 84. 5th 40,2. 31. 6th _ 85. 6th at f 32. Minute 6: 1st 10sec 76.R dB(A) 86. Minute 15: 1st 10sec C,%S dB(A) 33. 2nd 7 87. 2nd 34. 3rd 71J- _ 88. 3rd p 35. 4th &S;S 89. 4th t �� 36. 5th �� 90. 5th 37. 6th 91. 6th 64.7 38. Minute 7: 1st 10sec dB(A) 92. Minute 16: 1st 10sec C3.,s dB(A) 39. 2nd 74,5 93 . 2nd 40. 3rd �G,3 94. 3rd 41. 4th- 95. - 4th 42. 5th 96'. 5th 43. 6th 97. 6th 44. Minute 8: 1st 10s-0-ic F dB(A) 98. Minute 17: lst 10sec 65, E dB(A) 45. 2nd COs,4_ 99. 2nd 46. 3rd %6 100. 3rd 47. 4th G � 48. 5th (a 49. 6th 50. Minute 9: 1st 10sec dB(A) 51. 2nd 63;„5- 52. 3rd 6,5:0 53. 4th &; ,g 54. 5th 6Lt,r. 55. 6th 64;5 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 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 4terin ne :the.tnaXiafum:;.s rid`' re . The.'ki es ,me v� `li ,, .:;e. tat:�ve3f <t''-e=` ri- '- asr om-:i~h �-- ru�c�s.•source;,' shosa3:ca ' .� Re(>z3 Sfree� ''►�eP^m��f�ht Location i sound source n off- Start time (!9/pm date .2zs. Fih;sb f,,"er 11-',2.3a w, 1. Minute 1: 1st i0sec 7,s g _ dB(A) 56. Minute 10: 1st losec _V,7 dB(A) 2. 2nd SD.S 57. 2nd Rar 3. 3rd $L„ 58. 3rd 4. 4th +�.2 59. 4th S. 5th 60. 5th _ 6. 6th 71i3O 61. 6th yjal- 7. Minute 2: 1st 10sec QT'El dB(A) 62. Minute 11: 1st 10sec �f�j.g dB(A) 8. 2nd fZ3.2. 63. 2nd 9. 3rd 2.t 64, 3rd �7�9 10. 4th 65. 4th 11. 5th 66. 5th 12. 6th 67. 6th ,2 13. Minute 3: 1st 10sec dB(A) 68. Minute 12: 1st 10sec 7173 dB(A) 14. 2nd W.q 69. 2nd .1 1 . 3rd 7 �. 3rd y 166. 4th � 71. 4th 22-2 17. 5thl 72. 5th 18. 6th L 7 73. 6th 21- 19. Minute 4: 1st 10sec dB(A) 74. Minute 13: 1st -10sec dB(A) 21. 2nd 2012 _ 75. 2nd 22. 3rd 2313 76. 3rd 23. Ath Rzo 77. 4th 24. 5th 90.4---- 78. 5th 25. 6th :L 1 79. 6th 26. Minute 5: 1st 10sec 123,0 dB(A) 80. Minute 14: lst lOsec d8(A) 27. 2nd $tea _ 81. - 2nd O 28. 3rd 2141 82. 3rd 29. 4th XL6 83. 4th 30. 5th 2 3s ro 84. 5th 31. 6th 3$ ,Q 85. 6th 9�� 32. Minute 6: 1st 10sec dB(A) 86. Minute 15: 1st 10sec & 2. dB(A) 33. 2nd 87. 2nd 34. 3rd 88. 3rd 35. 4th Qt 2 89. 4th' 36. 5th 90. 5th ,�_ 37. 6th � 91. 6th 38. Minute 7: lst 10sec Z dB(A) 92. Minute 16: 1st 10sec 7L 8 dB(A) 39. 2nd 93, 2nd 11+ , 40. 3rd 94. 3rd 41. 4th 2 95. 4th 42. 5th 96. 5Eh O 43. 6th �_ 97. 6th 44. Minute 8: 1st 10sec q dB(A) 98. Minute 17: 1st 10sec Q2,0 dB(A) 45. 2nd Rd.7 99. 2nd KJ-- 46. 3rd 100. 3rd 8Q. ' _ 47. 4th 48. 5th 49. 6th 50. Minute 9: 1st 10sec 7 Lj dB(A) 51. 2nd R2=1q 52. 3rd 92.1 53. 4th 3011 54. 5th p , 55. 6th3,�_ Noise Guide Page 16 BACKGROUND PLUS SOUND SOURCE 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 dete'rm n.01 th4.inm4r lum..;sa. nIla th The„--h'!jke8't.•-zneasu;L^ d' Vol P `. __ soureew fir' - isS_Yso�u;�,xl•,10.�•:�4n�►P����`�� ..'� $�„���.��.�� �i'•,- 51.Cv . $ •ree f Location' PropertyI.H sound source &off --Inteeni j-P4en-f start time e/pm date .2f 2p1� Finish7im& I2,'3vp:+h 1. Minute 1: 1st 10sec O, dB(A) 56. Minute 10: 1st losec &L1 dB(A) 2. 2nd -.1,213- 57. 2nd 90� 3. 3rd _ 58. 3rd °f1g__,� 4. 4th g�tp 59. 4th pip 5. 5th �' �'� 60. 5th 6. 6th 61. 6th $2a 7. Minute 2: 1st 10sec dB(A) 62. Minute 11: 1st loses ta,,L� dB(A) 8. 2nd gp 2 63. 2nd 9. 3rd 64. 3rd 10. 4th Mr 65. 4th 11. 5th W6 7 _ 66. 5th 12. 6th 67. 6th 13. Minute 3: 1st 10sec dB(A) 68. Minute 12: 1st loses 21.4 dB(A) 14. 2nd 1, 69. 2nd 15. 3rd 7 . 3rd 16. 4th 71. 4'th 17. 5th �.7 721. 5th 18. 6th 73. 6th „ ' 19. Minute 4: 1st 10sec dB(A) 74. Minute 13: lst •10aec $2.6 dB(A) 21. 2nd 75. 2nd 22. 3rd $p,Q 76. 3rd 23. Ath 77. 4th � 1 24. 5th Mf 78. 5th 25. 6th 79. 6th 26. Minute 5: 1st, loses dB(A) 80. Minute 14: 1st 10sec dB(A) 27 2nd � 81. _ 2nd IN.F1 28. 3rd 82. 3rd 71.7 29. 4th 83. 4th 90,b 30. 5th �'�_� 84. 5th VII 31. 6th 7q.D 85. 6th xW 32. Minute 6: 1st 10sec dB(A) 86. Minute 15: 1st loses dB(A) 33 . 2nd 87. 2nd ' 34. 3rd 88. 3rd 20, 35. 4th O,� 89. 4th M-L 36. 5th 7$•� 90. 5th 2. 37. 6th �.__!7___ 91. 6th 38. 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