HomeMy WebLinkAbout2004-12-02-BOH-min
Lexington Board of Health December 2, 2004 Meeting Minutes
Cary Memorial Library, 1874 Massachusetts Avenue, Lexington, Massachusetts
Board of Health Attendees: Burt Perlmutter, Chairperson; James Fearnside; Sharon MacKenzie;Wendy
Heiger-Bernays; Jean Kelley
Health Department: Derek Fullerton
The hearing began at 7:05 p.m. Burt Perlmutter introduced himself as the Chair for tonight’s hearing. He
explained that Phase One and Phase Two have concluded and tonight the Board of Health will be entering
Phase Three which is closed to public participation unless requested by the Board. He then opened Phase
Three of the hearing.
Perlmutter began a discussion regarding the appropriate safeguards to protect the town against fires and
explosions regarding fuel oil storage, transfer and transportation. Fearnside stated that the Board of Health
is not an appropriate venue to address issues of fire hazard and there is a competent authority in the town in
the Fire Department. He referred to a letter from Chief William Middlemiss concerning Arlex Oil and
C&W Transportation.
Fearnside motioned that the Board of Health not consider any fire hazard relating to either Arlex facilities
and that we no longer discuss that part of this matter. MacKenzie seconded. All approved.
Perlmutter discussion began concerning the 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.
Feanside stated that the complaints for 240 Bedford Street are only related to pollutants and not noise.
Heiger-Bernays made a motion that the noise complaint at Arlex Oil Co., 275 Mass Ave. is not a public
nuisance but rather a private nuisance. MacKenzie seconded. All approved. Fearnside abstained.
Heiger-Bernays recommended that Arlex should decrease the number of nighttime activities.
Fearnside urged the parties involved to workout solutions.
Perlmutter began a discussion on the noise disturbances during the night at 240 Bedford St. Perlmutter
stated that no noise measurements were taken for this location and there were only a few complaints.
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
agreed they could not make a decision.
Perlmutter suggested that the Board of Selectmen revisit the special permit issued to Arlex.
A discussion began concerning the emissions of particulate and air pollution at C&W Transportation, 240
Bedford St. After much deliberation, Perlmutter motioned that the Board of Health’s decision is to enforce
that the idling meet MGL Chapter 90, Section 16A with the additional exception when weather conditions
require longer idling to ensure safe operation of the vehicle. Heiger-Bernays seconded. All approved.
The Board also recommends that Arlex/C&W continue efforts to decrease idling times and to decrease
emissions.
Perlmutter moved to adjourn and close the hearing.
MacKenzie seconded All approved.