12/19/2019 BOARD OF HEALTH Minutes

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leaves,the Board granted the same 12-month stay as they had for 135 Main Street. Mr. Harrington also reminded the Board that the five-day suspension is for tobacco sales only and not closure of the entire store. Attorney Rob Mills introduced himself as representing Omar, Inc.and the owner Mansoor Java. Attorney Mills stated that Mr.Java has been in business for 16 years and has served over 2 million customers. Mr. Java was very proactive when the regulation was first promulgated, even requesting training at his store, but there remained a lot of confusion over which products are allowed. Attorney Mills suggested that Mr. Collette took a different position at the compliance check than he had at the training,with respect to the, Fronto products and pricing; therefore, Mr.Java is seeking to have the April violations waived. Attorney Mills agreed that the July violations should stand. Mr.Java addressed the Board,expressing his desire to comply and citing examples of his efforts to be proactive. Chair Baumgaertel stated that he did not believe the violation was intentional or done with any malice, but the Board has to rule with consistency and cannot be arbitrary in its decision. Mr. Harrington reminded the Board that,even if they forgave the violations relating to the blunt wraps,there were other violations involved in both cases-. Attorney Mills stated that a five-day suspension seems onerous, even for tobacco only. Since customers are also typically getting gas and groceries at the same time as tobacco, it would be a significant loss. Ms. Langler responded that the five-day suspension is in the regulation, and everyone faces that same consequence for a violation. Attorney Mills felt that the Board has some discretion on that. Mr. Harrington reminded the Board that Mobil was given a five-day suspension, which they complied with. Ms. Langler stated that,if someone is pulling a permit,they need to understand the regulations that apply to them as a permit holder and, if they don't understand something, they need to approach a Health Agent for clarification. The regulation is available on the website and it.was emailed to all the tobacco retailers. Ms. Langler stated that,without proper enforcement,there is no point to having the regulation. Ms. Warden reminded the Board that, until the confusion with the Fronto leaves, nothing has been this questionable, Ms. Langler responded that, even without the Fronto leaves violation; the five-day suspension would still stand because of the pricing violation. Ms. Warden expressed her opinion that - there was too much confusion among the retailers; therefore, she did not agree with keeping the violation. Attorney Mills advised the Board that an appeal had already been submitted to Superior Court. The five- day suspension was on hold pending the outcome of the appeal. Since this was a review and not a formal appeal hearing, no vote was taken. 7:30-48 Clover Lane Peter McEntee of Engineering Works introduced himself as representing the property owner. The request is.for the upgrade of a septic system, which had a failed cesspool. It is a proposed Title 5 gravity system on a small lot. The variances requested are a 3'variance for the septic to the crawl space, a 15'variance for the soil absorption system to the crawlspacg, and 1' reduction to the required separation between maximum seasonal high groundwater. Mr. McEntee stated that the whole house is on crawlspace, and plumbing changes inside the house would be very difficult. The number of allowed bedrooms was verified at three. Chair Baumgaertel stated that the setback to crawlspace, requires an impervious barrier along the crawlspace. Mr. McEntee had concerns about structural damage to the house when digging. Chair Baumgaertel advised he would be more inclined to grant a variance along the lot line, and Mr. McEntee 3