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• • Mashpee Board of Appeals Wasil (cont.) Minutes - February 22, 1989 Page 2. He reviewed conditions 21 and 22 of the 1988 Special Permit which required repair of Donna's Lane. He explained that the abutting owner, Jolen Corp., was in bankruptcy and he considered the condition requiring the participation of Jolen Corp. in repairing the hardtop illegal. Donna's Lane has now been closed to through traffic. Mr. Jansson stated that he had reviewed the status of Donna's Lane with Leslie Morse, Assistant Town Counsel, and he understood she would be sending the Board a letter confirming their agreement on the interpretation of the law. Elias McQuaid, Town Health Agent, submitted a revision of Condition 1116 to the Board. The suggested revision requested that no food products of any type could be sold with the exception of the hot dog stand, which must meet the State sanitary code requirements and be licensed by the Board of Health. It included the recommendation that no cosmetic or medical supplies could be sold without a State food and drug permit and that adequate sanitary facilities, including handwashing facilities, would be made available to snack bar employees and the general public. Mr. Jansson explained that the Wasil lease for 1989 does not include the restaurant, Fabio's. In the past, the hot dog stand was run by Fabio's. He did not know what the plans for the restaurant were. Mr. Halpern discussed a letter from Pickwick's complaining of flea market customers using the rest rooms. Mr. Jansson replied that Pickwick's may not be open in 1989. He said Mr. Wasil provided three portable toilets and would provide more if needed. Mr. Hanrahan questioned the status of Donna's Lane. Mr. Jansson said that Donna's Lane is used for parking and is not included in the lease agreement for 1989. Mr. Wasil explained that he had widened the road last year and taken out trees. Mr. Makunas suggested that Article 21 be modified to ask the Highway Department to make a ruling on the safety of Donna's Lane and to have the issue resolved before the opening of the Flea Market. Diane Pettengill, representing the Mashpee Chamber of Commerce, informed the Board that the Chamber was not opposed to the Flea Market but asked that the permit include a condition that the Flea Market abide by the laws of the Town and the State concerning transient vendors. Mr. Makunas suggested that section 3. be modified to include the Town General By-laws. Mr. Halpern said he had discussed the licensing with the Police Dept. and was informed that the permit for the entire Flea Market included peddlers' licenses. Mr. Hanrahan stated that the licenses were not under the jurisdiction of the Board of Appeals.