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No Appointment—Mashpee Shell. <br /> Mr. Harrington advised the Board that Mashpee Shell is not on the agenda because our office did not get <br /> a written request for appeal; however, a verbal request was made. At this establishment, five types of <br /> cigars were being sold at below required costs, and two types of Fronto leaves were being sold. Chair <br /> Baumgaertel agreed that a motion should be made to add this item. <br /> There being no further comments or discussion, Mallory Langler moved to add a tobacco violation appeal <br /> to the agenda for Mashpee Shell, at 135 Main Street. Motion seconded by Laurel Almquist. VOTE; <br /> Unanimous(3-0). <br /> Chair Baumgaertel asked Mr. Harrington what differences, if any,there were between this violation and <br /> the others,and Mr.Harrington answered that there were five types of cigars sold at incorrect prices. Chair <br /> Baumgaertel asked if all Mashpee vendors were inspected on the same day,and Mr. Harrington answered <br /> that he had only been notified by Mr.Collett of these three inspections,plus South Cape Liquors,who had <br /> no violations. <br /> Ms. Langler asked if a notice could be sent out, specifically mentioning these products that were causing <br /> confusion, and providing clarification on those items. She suggested that the notice remind retailers to <br /> verify that each product being sold Is not flavored. Chair Baumgaertel agreed that a mini educational <br /> campaign was needed, and that this appeal request should be treated the same as the previous two. <br /> There being no further comments or discussion, Mallory Langler moved to rescind the violation and $100 <br /> fine from the tobacco compliance check that took place on April 23,2019 at the Shell Station at 135 Main <br /> Street. If a violation should occur within 12 months,the violation and fine would be reinstated. Motion <br /> seconded by Laurel Almquist. VOTE; Unanimous(3-0). <br /> Java indicated that he had already paid the fine, and board members agreed that his payment would be <br /> returned to him. <br /> 7:25—Irrigation Well Variance Request—86 Wheeler Road. <br /> Mr. Harrington commented that a variance has been requested to allow an irrigation well to be installed <br /> in an area of known or anticipated groundwater contamination. The military has advised the Health <br /> Department that Perfluorocarbons (PFCs) concentrations in the area have exceeded the EPA health <br /> advisory concentration. A previous variance request for a different property, at 130 Wheeler Road, <br /> resulted in a vote to approve with the following conditions: <br /> • Testing for Volatile Organic Compounds (VOCs) and PFCs shall be performed on an annual basis <br /> by a representative of the Board. All fees associated with the testing shall be the owner's <br /> responsibility. <br /> • An Affidavit shall be filed with the Barnstable Registry of Deeds indicating the requirements for <br /> annual VOC testing. A copy of the affidavit shall be submitted to the Board of Health prior to <br /> Issuance of a well permit. If the VOC analysis indicates levels above the Maximum Contaminate <br /> Level regulated by the state,or the EPA advisory.level for PFCs,the well shall be decommissioned <br /> by a registered well driller. A well permit shall be obtained from the Board of Health for <br /> decommissioning of the well. <br /> 3 <br />