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Ms. Sbarra remarked that the reason menthol, mint, and wintergreen were exempt is because it was based on <br /> an ordinance in Providence, Rhode Island. Philip Morris and other companies sued the city for their flavored <br /> prescription ordinance. Their restriction exempted menthol,just as the FDA exempted menthol, from their <br /> cigarette ban. In order to comply with the decision from the First Circuit Court of Appeals, it was suggested that <br /> the Boards of Health mimic the exact language as in the Providence ordinance. <br /> Dennis Lane, representing the Coalition for Responsible Retailing, introduced himself to the Board. Mr. Lane <br /> provided the Board with a binder full of fact-based data supported with footnotes. <br /> Mr. Lane travels around the Commonwealth of Massachusetts meeting with Boards of Health, Selectmen, and <br /> City Councilors. He has been a retailer in Massachusetts for 44 years. He does not sell to minors and does not <br /> support selling to minors. There is tremendous concern with vaping, and all of the flavors associated with <br /> vaping. Communities with flavor restrictions have not seen a decrease in vaping because the youth are able to <br /> obtain the vape from the internet. Mr. Lane felt there should be purchase, possession and use laws. Mr. <br /> Harrington remarked that possession for minors is in the existing Board of Health regulation and prohibited. <br /> Ms. Sbarra commented that tobacco is the only consumer product when used as directed causes death. <br /> Retailers are doing their best not to sell to minors. There is a great deal of evidence that demonstrates tobacco <br /> companies have been using retail stores, convenient stores, and gas stations to market their product in ways <br /> that make them attractive to young people. Online sales are truly an issue, and the Attorney General's office <br /> has sent cease and desist orders to several of these online companies whom they believe may be in violation <br /> of the consumer protection laws. <br /> Mansoor Java, owner of Mashpee Shell located at 135 Main Street, introduced himself to the Board. Mr. Java <br /> commented that the age limit to purchase tobacco in Mashpee is 21, but in a couple of nearby towns the age <br /> limit is 18. He would like each town to adopt the same age limit statewide. <br /> As there were no further comments, Brian Baumgaertel closed the Public Hearing and thanked everyone in <br /> attendance for their opinion and for participating in the public process. <br /> 7:45 PM —Title V Variance — 11 Hamblin Road. <br /> Matt Costa of Cape and Islands Engineering, representing 11 Hamblin Road, introduced himself to the Board. <br /> Mr. Costa stated that this is a small lot, and the existing 3-bedroom leach field is located against the property <br /> line. Mr. Costa is proposing a 4-bedroom leach field in the same location. The leach field will not be any longer, <br /> but it will be wider and closer to the water. <br /> Mr. Costa is requesting relief from the Soil Absorption System to the watercourse. The Board of Health <br /> regulations require 100 feet, and Mr. Costa is proposing 87.5 feet. He is also requesting relief for the Reserve <br /> Area to the watercourse. The regulations require 100 feet, and he is requesting 79.6 feet. Mr. Costa is re- <br /> requesting relief to the front property line. It was once granted for the 3-bedroom system; and since this is an <br /> increase in flow, the relief needs to be requested again. The previous 3-bedroom system was a standard Title <br /> 5 System. Mr. Costa is proposing a FAST system so there is an environmental benefit to this project. <br /> Brian Baumgaertel suggested adding a vent to the system as it is partially in the driveway and near the <br /> roadway. <br /> Laurel Almquist made a motion that the Board of Health approve the increase in flow with the Alternative <br /> Septic System under the Department of Environmental Protection General Approval with quarterly testing of <br /> effluent for two years for total nitrogen for 11 Hamblin Road. After the two years the Department of <br /> Environmental Protection field testing protocol may be used. Also, the addition of a vent is to be installed by <br /> the retaining wall. Brian Baumgaertel seconded the motion. The motion was unanimously approved. <br /> 2 <br />