HomeMy WebLinkAboutArticle 40 Ad hoc Committee charge, 2004
ARTICLE 40: AMEND SECTION 80-4G, STATIONARY ENGINE RUN-UP
(NOISE BYLAW)
9:17 p.m. Martha Wood, pr.8.
MOTION: That the Board of Selectmen be requested to appoint an ad
hoc committee to review Chapter 80 of the Code of Lexington for the
purpose of suggesting language with respect to stationary engine run-up
provisions so as to minimize potential noise and air pollution. Members
of the committee shall include at least one representative each from the
Board of Selectmen, the Board of Health, the Noise Advisory Committee,
the School Committee, and a local businessman, and at least two citizens
who have expressed interest and concern. The Committee shall receive
staff support from the Health Department and the Police Department as
needed. The committee shall report its recommendations to the Board of
Selectmen and to the next annual Town Meeting.
Julian Bussgang, 2 Forest St, explained requested committee and reported the status of
the Noise Committee.
Jeanne Krieger reported the unanimous support of the Board of Selectmen.
Thomas Griffiths reported the unanimous support of the School Committee.
Adjourned Session of the 2004 Annual Town Meeting—May 5, 2004
Paul Chernick, pr.6, spoke on noise control and moved the following substitute motion:
SUBSTITUTE MOTION:
a) Resolved: That Town Meeting urges the Selectmen, Police Department, Zoning
Board of Appeals, Planning Board, Board of Health, School Committee, building
inspector, and all other responsible agents of Town government to vigorously
support the provisions of state regulation 310 CMR 7.11 (1)(b), through
• Publicizing the existing regulations and enforcement mechanisms through
appropriate communications with residents/
• Contract terms with contractors (particularly school-bus operators),
• Conditions on permits and licenses, and
• Enforcement of Section 80-4G, Stationary engine run-up, of the Code of
the Town of Lexington, General By-Laws, including fines; and further
b) That the Moderator appoint an ad hoc committee to review Chapter 80 of the
Code of Lexington for the purpose of suggesting language with respect to
stationary engine run-up provisions so as to minimize potential noise and air
pollution. The Committee shall also review state regulations 310 CMR 7.11
(1)(b) and determine under what conditions defrosting of windows, prevention of
diesel-fuel gelling, and establishment and maintenance of interior temperatures of
occupied vehicles at reasonable temperatures should be considered operations for
which engine power may be necessary and considered not to cause or contribute
to a condition of air pollution. Members of the committee shall include at least
one representative each from the Board of Selectmen, the Board of Health, the
Noise Advisory Committee, the School Business Department, the School
Committee, the Town-Wide PTA Council, an owner or manager of a local
business, and at least two citizens who have expressed interest and concern. The
committee shall report its recommendations to the Board of Selectmen, Board of
Health, and School Committee before the next annual town meeting.
Julian Bussgang commented that the Resolution lacked legal authority.
9:32 p.m. Dawn McKenna reported opposition (4-1) by the Board of Selectmen.
Selectman Jeanne Krieger spoke in support.
Thomas Griffiths reported the School Committee unanimously opposed
the substitute motion.
Members and representatives from the audience spoke in opposition and in support.
9:48 p.m. The Moderator called for a standing vote on the Substitute Motion,
tallied as follows:
Precinct Yes No
1 9 5
2 6 8
3 12 2
4 12 4
5 8 9
6 13 2
7 5 8
8 12 3
9 14 4
AL 7 7
TOTAL 98 52
9:48 p.m. With 98 voting in the affirmative and 52 in the negative,
SUBSTITUTE MOTION ADOPTED.
9:52 p.m. Vote on AMENDED MOTION—ADOPTED AS AMENDED.
9:53 p.m. John Bartenstein, pr.1, moved to reconsider Article 8.
The Board of Selectmen and Planning Board each supported
reconsideration. MOTION TO RECONSIDER ADOPTED