Proposed $1,000 Tobacco Fines and Nicotine Caps Spark Heated Retailer Resistance
Key Points
- Board debates 6mg nicotine pouch limit and $1,000 fines for tobacco retailers
- Small-lot horse variance approved for Kirk Circle despite neighbor odor complaints
- Arbitrary 2005 two-bedroom deed restriction removed for Smith Terrace expansion
- Voluntary septic upgrades and plumbing variances approved for multiple residential properties
- Sustainability initiative "Bring Your Own Cup" gains Board of Health endorsement
The Plymouth Board of Health is weighing a significant overhaul of local tobacco regulations, including a proposal to cap nicotine content in pouches and hike fines for violations to $1,000. During the Wednesday night meeting at Town Hall, Member Amy Palmer introduced a measure to restrict nicotine levels in pouches to 6mg per unit, citing concerns over youth addiction. Palmer told the board, I am proposing to this board to restrict the amount of nicotine per pouch to 6mg. One 6mg pouch equates to about two to three cigarettes of nicotine content. Lowering the level would help reduce addiction.
Chair Barry Potvin voiced strong support for increased penalties for businesses that sell to minors or carry prohibited items, stating, Selling flavored products is actually inducing underage people to use the products... I would favor hefty fines and suspensions.
Local retailers attended the meeting in force to push back against the proposed restrictions. Satin Patel, a local shop owner, argued that a 6mg cap would hinder adults trying to quit smoking. A cap on nicotine strength could undermine the harm reduction qualities,
Patel said. Smokers switching away from cigarettes need products capable of delivering a satisfying experience. FDA authorized 9mg, demonstrating that level can meet regulatory standards.
Daniel Griffin, Operational Director for The Vapeway, warned the board that federal databases are complex and moving too quickly could lead to legal confusion. Griffin noted that the database on the FDA website is not exhaustive... there are Supreme Court rulings that allow some companies to be marketed legally.
Other retailers, including Harry Patel and a merchant identified as Tan, questioned why nicotine is being targeted so aggressively while marijuana remains legal, suggesting customers would simply drive to neighboring towns to find higher-strength products. The board took no formal action on the tobacco regulations but scheduled a follow-up meeting for a potential vote.
The board also navigated a sensitive neighborhood dispute at 16 Kirk Circle regarding a stable variance. Property owner David Robbins requested permission to keep two full-sized horses on a 35,000-square-foot lot, which is significantly smaller than the 70,000 square feet typically required by town bylaws for two animals. Robbins explained that after his daughter’s miniature horse died, the remaining horse required a companion for its health. The moving of one horse would be detrimental to the health of the other; they need to be together,
Robbins said, adding, I do all the maintenance; waste is removed weekly.
The request drew sharp criticism from neighbor Bernadette Moyer, who claimed the resulting odor has become unbearable. The smell that comes through the backyard into our yard is extremely offensive,
Moyer said. Last summer was so bad we couldn't sit on our side porch. We are concerned if we ever had to sell our house, people wouldn't stay with that stench in the air.
Jonathan Oaks, the grandfather of the owners, defended the family, stating that's a long distance for a smell to carry over before it goes up into the atmosphere.
Board member Meg Payne, who noted she grew up on a farm, supported the family. I know the family personally... they take very good care of their animals,
Payne said. I also grew up on a horse farm, so I don't smell anything.
Motion Made by A. Palmer to accept the variance for the second horse with the understanding that the owners must return for any future changes. Motion Passed 5-0.
In a rare move regarding property restrictions, the board approved the removal of a 20-year-old deed restriction at 5 Smith Terrace. Engineer Joe Webby explained that the homeowners wish to expand their two-bedroom home to four bedrooms. Member Karen Keane noted that the original restriction, placed in 2005, appeared to be an arbitrary decision by a former director rather than a board-mandated requirement. Through research, there's no reason why they should have been placed to begin with,
Keane said. Motion Made by A. Palmer to remove the two-bedroom deed restriction at 5 Smith Terrace. Motion Passed 5-0.
Several other septic and plumbing variances were approved during the session. At 9 Blueberry Road, an engineer identified as Lucas presented a voluntary upgrade for a property using an aging cesspool. This is a voluntary upgrade. We have a 5-foot setback to the property, a 24% reduction in the full design criteria, and a 54-foot setback to the well,
Lucas explained. Motion Made by A. Palmer to accept the variances as proposed for 9 Blueberry Road. Motion Passed 5-0. Similarly, at 139 Man Point Road, the board approved a variance for a home addition that sits 11 feet from the septic foundation. Motion Made by A. Palmer to accept the variances for 139 Man Point Road. Motion Passed 5-0. At 10 Shore Road, Joe Webby secured relief for a 68-foot well setback to avoid the need for a pump system. Motion Made by B. Potvin to accept the variances for 10 Shore Road. Motion Passed 5-0.
The board also granted a unique request for 36 Spooner Street, where owner Michael [Unidentified] sought to remove a toilet from a bathroom originally installed for a relative with Alzheimer's. The board had previously flagged the bathroom for lacking a sink, but the owner argued that total removal was more cost-effective. We'd rather remove that toilet; it's about a $1,600 savings compared to putting in a sink and vanity,
Michael said. Motion Made by A. Palmer to grant the variance to remove the toilet. Motion Passed 5-0.
On the sustainability front, Andrea Dickinson presented the Bring Your Own Cup
program, a voluntary initiative to encourage coffee shops to allow reusable containers. The idea is to make it easier for coffee shops and make them aware that they can do it,
Dickinson said. The board expressed unanimous support for the initiative but did not take a formal vote as the program is voluntary.
The meeting concluded with public health updates. Member Keane informed the board that new members would no longer receive town email addresses due to cybersecurity costs, and shared that while Plymouth remains at lower risk
for measles, immunity requires a 95% vaccination rate. Vice Chair Teri Reid ended the session with a strong reminder about seasonal illness. Flu is here. I can't tell you how bad it is,
Reid said. Make sure you get every part of your hand and sing Happy Birthday twice.