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<br /> <br /> <br /> <br />Lexington Board of Health June 17, 2004 Meeting Minutes <br />Cary Memorial Library, 1874 Massachusetts Avenue, Lexington, Massachusetts <br /> <br />Board of Health Attendees: James Fearnside, Burt Perlmutter, Sharon MacKenzie, <br />Wendy Heiger-Bernays <br /> <br />Health Department: Derek Fullerton, Kathy Fox <br /> <br /> <br />The hearing began at 7:05 p.m., Fearnside informed the group of Tarlow Breed, Hart <br />Murphy and Rodgers’ request for the public hearing to discuss public nuisances; <br />appropriate safeguards to protect the town against fires and explosions regarding fuel oil <br />storage, transfer, and transportation; emissions of particulate and air pollution; and noise <br />and vibration of nighttime operations of buses and trucks, from 275 Massachusetts <br />Avenue and 240 Bedford Street, doing business as Arlex Oil Corporation/C & W <br />Transportation Inc. <br /> <br />Fearnside asked Susnock if he agreed to the conditions of the videotaping of the hearing. <br />Fearnside reviewed the conditions that a copy would be made available at Susnock’s <br />expense and delivered to the Lexington Health Department within 5 business days. A <br />copy would also be made available to any citizen. Fearnside instructed that at a future <br />date, should the taping become illegal, that all copies of the tape will be destroyed. <br />Susnock agreed to all the aforementioned conditions. <br /> <br />Fearnside established the rules of the hearing stating the meeting will be conducted in <br />three phases. <br />1. Phase One will be – Any individual that wishes to make a presentation on this <br />subject of this hearing must raise their hand. They will then be recognized by <br />Fearnside. They must identify themselves and give their address. <br />2. Phase Two will be a questions and discussion period <br />3. Phase Three will be the hearing will be closed. There will be no more comments <br />from the public <br /> <br />Fearnside then opened the floor to anyone who wishes to make a presentation. <br /> <br />Michael Giamo representing Arlex Oil asked that because Mr. Fearnside had expressed <br />an opinion about this matter in the local newspaper as well as on the Noise Committee, <br />Arlex Oil is asking that Fearnside recuse himself from this proceeding. Fearnside stated <br />he would recuse himself from any vote that has to do with noise. Giamo stated they <br />would reserve their rights on this matter. <br /> <br />Brian Kerwin asked to speak on behalf of Brian Susnock and his wife Cynthia. Kerwin <br />informed the Board that there are several issues that merit the Board’s attention. Kerwin <br /> <br />