Shelburne Planning Board to revise food truck bylaw proposal after residents’ concerns

Middle Eastern Flavors, also known as Asma’s Kitchen, on Bridge Street in Shelburne Falls.

Middle Eastern Flavors, also known as Asma’s Kitchen, on Bridge Street in Shelburne Falls. STAFF PHOTO/MADISON SCHOFIELD

By MADISON SCHOFIELD

Staff Writer

Published: 01-24-2025 4:19 PM

Modified: 01-24-2025 8:00 PM


SHELBURNE — After hearing an outpouring of support for the Middle Eastern Flavors food truck on Bridge Street, the Planning Board will have to do more research into how to develop a bylaw that regulates food trucks while allowing existing businesses to continue operating.

The Shelburne Planning Board is developing four bylaws to be considered at this year’s Annual Town Meeting, including a zoning bylaw that would restrict the ability of mobile food establishments to operate in town. If approved, the bylaw would require that food trucks receive a permit from the Board of Health and Selectboard, and operations would be limited to seven continuous days under a short-term permit, which could only be issued once a month, or one to three days that are “periodic but not continuous” under an annual permit.

The proposal raised concerns among Shelburne Falls residents and patrons of Middle Eastern Flavors, a popular food truck often referred to as Asma’s Kitchen that operates four days a week on Bridge Street. Under the proposed language of the bylaw, the business could apply for an annual license and continue operating, however, its hours would be reduced. The bylaw states trucks can be open for up to three days at a time but does not state specifically how much of a gap there must be between open days to not be considered continuous.

While originally developing the bylaw, Planning Board members said their intention was to grandfather in Middle Easter Flavors, and allow it to continue operations as normal. However, during an information session Tuesday, board members shared that town counsel is not sure if that would be legal.

“Ordinarily if you have a new bylaw come in and you have an existing permitted use that has not been addressed by the bylaw before, then you are what’s called grandfathered in, which means you can continue your use even though the bylaw changes,” Planning Board member T. Wilson “Will” Flanders said. “But town counsel says that’s not true because this use is not permitted. This use is existing because there is a loophole in our bylaw that doesn’t permit it and doesn’t prohibit it. There’s simply a hole in the bylaw.”

Zoning Board of Appeals member John Taylor questioned this, and suggested that the food truck is allowed by right in the Village Commercial District under the “food service other category.”

Planning Board members said they would continue their research with town counsel, and are committed to crafting a bylaw that would allow Middle Eastern Flavors to remain, however residents in the audience were not satisfied. Community members questioned why the bylaw was even needed, and accused the board of fear-mongering.

“I don’t think there should be a fear of more food trucks. People should be able to have businesses as long as there’s food safety and all of [those] regulations, but what is the fear?” Shelburne resident Jackie Walsh asked.

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Flanders said a bylaw is needed to preserve the character of the town.

“If another building in town burns down or is torn down, then that could have a food truck on it. So we could end up with a village that has a ton of food trucks and that changes the nature of the village,” he said. “It changes the quality and the nature of the town.”

Taylor added that the idea first arose a few years ago, after a resident reached out to Town Hall concerned that there were food trucks operating illegally. After research proved the town had no mention of food trucks in its zoning bylaws, the Planning Board began developing regulations for them.

The Planning Board added that part of the desire to regulate food trucks came from not only wanting to preserve the look of the village, but also to ensure businesses are committed to the town. Food trucks that pop in for a few days do not have to pay taxes while brick-and-mortar restaurants do.

Residents pushed back on this and said Asma and Hamdy Abdelgawad, who own Middle Eastern Flavors, are dedicated community members who have worked to make the lot look appealing, pay rent for the space and pay their business taxes.

“We want to be really pro business and support those that are here,” Lynn Benander said. “Asma has been such an incredible community member. We want to preserve some sort of culture here but we really want to make it clear to all the businesses in town that we support them.”

Shelburne resident Joan Knox, who volunteers at the Shelburne Falls Visitors Center, said many restaurants in town are not open for lunch, so when asked where to go, Knox directs tourists to Middle Eastern Flavors.

“A lot of people come to our town and they love that they can come and sit outside and have unique food,” Knox said. “It’s different and they love it, and I’ve never heard a comment from a visitor saying that [the food truck] doesn’t fit into the town.”

“I would love to see more food trucks,” added Bridge Street Bazaar co-owner Crystal Stinson. “The top question we get asked every day is, ‘Where can I eat lunch?’ And on many Tuesdays and Wednesdays, Asma’s is the only place open. … I understand needing to preserve the character of the town, but everybody needs to eat food and we’re not able to add more buildings to have restaurants.”

The Planning Board’s next regularly scheduled meeting is set for Feb. 6, during which time they will take into consideration the comments shared during Tuesday’s information session and make edits as they see necessary. A public hearing on the proposed mobile food establishment bylaw, and other bylaws being developed on short-term rentals, battery energy storage systems and accessory dwelling units, is set for Feb. 25.

The full proposed bylaw can be found at townofshelburne.com/f/0/32.

Reach Madison Schofield at 413-930-4579 or mschofield@recorder.com.