2004-10-21-BOH-min - Laserfiche WebLink

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Lexington Board of Health October 21, 2004 Meeting Minutes Cary Memorial Library, 1874 Massachusetts Avenue, Lexington, Massachusetts Board of Health Attendees: James Fearnside, Burt Perlmutter, Sharon MacKenzie, Wendy Heiger-Bernays, Jean Kelley Health Department: Derek Fullerton The hearing began at 7:05 p.m., Fearnside again informed the group of Tarlow Breed, Hart Murphy and Rodgers’ request for the public hearing to discuss public nuisances; appropriate safeguards to protect the town against fires and explosions regarding fuel oil storage, transfer, and transportation; emissions of particulate and air pollution; and noise and vibration of nighttime operations of buses and trucks, from 275 Massachusetts Avenue and 240 Bedford Street, doing business as Arlex Oil Corporation/C & W Transportation Inc. Fearnside again established the rules of the hearing stating the meeting will be conducted in three phases. 1. Phase One will be – Any individual that wishes to make a presentation on this subject of this hearing must raise their hand. They will then be recognized by Fearnside. They must identify themselves and give their address. 2. Phase Two will be a questions and discussion period 3. Phase Three will be the hearing will be closed. There will be no more comments from the public Fearnside then opened the floor to anyone to continue phase two. Kerwin asked Fearnside if the Board had the results of the sound tests conducted at Arlex Oil Corporation, 275 Massachusetts Avenue. Fearnside responded he had the results of the noise tests taken at 275 Massachusetts Avenue. Susnock addressed the Board and wanted to enter into the record that each and every truck that makes the deliveries at Arlex Oil at 275 Massachusetts Avenue is an 18 wheeler, diesel engine truck carrying 12,000 gallons of fuel oil. Every time they come into the Town, the produce risks, they create noise, they create particulate matter pollution. Susnock also wanted to point out that during the testing, the trucks left the site via Fottler Avenue and they are not to exist that way and are suppose to back up like they do every night. Giaimo then asked if he could have someone from Arlex address the reasons why they go forward and exist onto Fottler Avenue. Mr. Maloney responded by saying they did that to help the Susnocks and that Arlex even disconnected the backup alarms. Mr. Maloney stated that Arlex has over 5,000 customers, 1,800 in Lexington. Fearnside then asked for a copy of the variance granted by the Board of Selectmen to Arlex. Fearnside then stated that he found nothing that provides geographic restraints per Selectmen’s recommendations. Fearnside began a discussion concerning the noise measurement testing done at Arlex. Tests was performed by Fearnside and Fullerton on 10/19/2004 at 275 Mass Ave. and on 10/21/2004 at 275 Mass Ave. along with tests done at the Lexington DPW Yard on Bedford Street on 10/20/2004. Results are in the attached Exhibit I and Exhibit II. Doug Sheadel of Modeling Specialties submitted for the record the attached Exhibit III. Kerwin made an objection for the record stating that an expert (Doug Sheadel) paid by Arlex was used to explain the noise testing measurements at this hearing. Kerwin asked Fearnside how Sheadel could take accurate measurements in the rain. Sheadel then continued to explain the testing process according to the protocol. Kerwin asked Sheadel for his qualifications. Sheadel stated his resume and protocol were given to the Board as well as to Kerwin. Sheadel then mentioned he has had 15 years of noise analysis experience. Fearnside asked Sheadel if he has ever testified at a hearing for the DEP and Sheadel answered yes. Fearnside asked if they had required other measurements other than the L90 base measurements. Sheadel said they do not require more data than the L90.