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Mansoor Java introduced himself for the record and apologized for the most recent violation,stating that <br /> it took place against his resolve to comply with Board of Health regulations. The employee responsible <br /> for the violation is a promising young man who has been very responsible over the past three years that <br /> he has worked at Mashpee Shell. Mr. Java informed the Board that his concern is not with paying the <br /> fine, but how this violation will affect his credibility and reputation. He stated that the prior violation was <br /> due to a misunderstanding regarding the loose Fronto leaves,which were immediately removed from his <br /> display. He recounted violations in February 2005, March 2010 and August 2015, describing those as <br /> infrequent, and asking for sympathetic consideration. <br /> Ms. Langler stated that, while the Board understand mistakes happen, there needs to be.more diligence <br /> in this regard. Since this is the second violation, it was her opinion that the Board needs to go forward <br /> with fines and suspension, per their previous decision on June 6th. Chair Baumgaertel agreed, stating as <br /> well that, in the interest of fairness,the Board needs to be consistent with past practice. <br /> Mr. Java reiterated that the first violation was not about sale of tobacco to a minor, but was related to <br /> confusion about a particular product. He requested another 12-month stay of the suspension stating that, <br /> if another violation occurred, he would accept the penalty. Ms. Langler responded that, regardless of the <br /> nature of the violation,this was still the second violation and, therefore, she could not support a request <br /> for leniency. <br /> Chair Baumgaertel advised Mr. Java that, while the Board heard his argument and understand the <br /> challenges, in view of the opportunity Mr. Java was given in June, the Board is not able to let this new <br /> violation go. <br /> There being no further comments or discussion, Mallory Langler moved to issue a total fine of$400 for <br /> the first and second offense,and a five-day suspension, effective October 14-18, 2019. Motion seconded <br /> by Brian Baumgaertel. VOTE: Unanimous (2-0). <br /> 7:20—44 Barbary Circle <br /> Mr. Harrington commented that a request for a Title V variance has been made to allow a proposed garage <br /> slab to be constructed six-feet from an existing septic tank. The garage is not considered new construction <br /> but the expanded garage is creating its own hardship; therefore, a Title V variance is required. Mr. <br /> Harrington's comments to the engineer included the following: <br /> • The property is on a well so the bedrooms will be restricted to the existing three bedrooms. <br /> • The proposed floor plans need to be provided for review so room layout can be verified. <br /> • There is very little room left on the property due to the wetlands, coastal bank and the well, so a <br /> reserve area should be shown. I know this is not new construction but the reserve area could be <br /> a condition of the variance. <br /> Mr. Harrington asked the engineer to explain how the septic line would be rerouted, stating that, based <br /> on a plan prepared by John Doyle, the line runs directly in front of the existing garage. He informed the <br /> engineer that, if it does run in front of garage, he has concern over putting sharp bends in the pipe to get <br /> to the inlet end of the existing tank. <br /> Mike Borselli, of Falmouth Engineering, introduced himself for the record, and stated he was advised by <br /> the homeowners that the existing pipe is under the slab of the existing garage. Since that garage is going <br /> 2 <br />