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<br /> <br /> <br /> <br />Lexington Board of Health December 2, 2004 Meeting Minutes <br />Cary Memorial Library, 1874 Massachusetts Avenue, Lexington, Massachusetts <br /> <br />Board of Health Attendees: Burt Perlmutter, Chairperson; James Fearnside; Sharon MacKenzie;Wendy <br />Heiger-Bernays; Jean Kelley <br /> <br />Health Department: Derek Fullerton <br /> <br /> <br />The hearing began at 7:05 p.m. Burt Perlmutter introduced himself as the Chair for tonight’s hearing. He <br />explained that Phase One and Phase Two have concluded and tonight the Board of Health will be entering <br />Phase Three which is closed to public participation unless requested by the Board. He then opened Phase <br />Three of the hearing. <br /> <br />Perlmutter began a discussion regarding the appropriate safeguards to protect the town against fires and <br />explosions regarding fuel oil storage, transfer and transportation. Fearnside stated that the Board of Health <br />is not an appropriate venue to address issues of fire hazard and there is a competent authority in the town in <br />the Fire Department. He referred to a letter from Chief William Middlemiss concerning Arlex Oil and <br />C&W Transportation. <br /> <br />Fearnside motioned that the Board of Health not consider any fire hazard relating to either Arlex facilities <br />and that we no longer discuss that part of this matter. MacKenzie seconded. All approved. <br /> <br />Perlmutter discussion began concerning the noise and vibration of nighttime operations of buses and trucks, <br />from 275 Massachusetts Avenue and 240 Bedford Street, doing business as Arlex Oil Corporation/C & W <br />Transportation Inc. <br />Feanside stated that the complaints for 240 Bedford Street are only related to pollutants and not noise. <br /> <br />Heiger-Bernays made a motion that the noise complaint at Arlex Oil Co., 275 Mass Ave. is not a public <br />nuisance but rather a private nuisance. MacKenzie seconded. All approved. Fearnside abstained. <br /> <br />Heiger-Bernays recommended that Arlex should decrease the number of nighttime activities. <br /> <br />Fearnside urged the parties involved to workout solutions. <br /> <br />Perlmutter began a discussion on the noise disturbances during the night at 240 Bedford St. Perlmutter <br />stated that no noise measurements were taken for this location and there were only a few complaints. <br />MacKenzie asked how do we know it is C&W between the hours of 11:00 p.m. and 6:00 a.m. The Board <br />agreed they could not make a decision. <br /> <br />Perlmutter suggested that the Board of Selectmen revisit the special permit issued to Arlex. <br /> <br />A discussion began concerning the emissions of particulate and air pollution at C&W Transportation, 240 <br />Bedford St. After much deliberation, Perlmutter motioned that the Board of Health’s decision is to enforce <br />that the idling meet MGL Chapter 90, Section 16A with the additional exception when weather conditions <br />require longer idling to ensure safe operation of the vehicle. Heiger-Bernays seconded. All approved. <br /> <br />The Board also recommends that Arlex/C&W continue efforts to decrease idling times and to decrease <br />emissions. <br /> <br />Perlmutter moved to adjourn and close the hearing. <br /> <br />MacKenzie seconded All approved. <br />