EASTHAMPTON — Plans for a daily four-day vendor “food truck court” at the former Cernak Buick car dealership lot on Northampton Street have stalled after the Board of Health denied the applicant’s proposal.
The vision of a food truck court called “Hawker’s Square,” from applicant Sherryla Diola, cleared the first permitting hurdle in April after gaining approval from the Planning Board. However, momentum has slowed after Diola’s mobile food truck business, Ginger Love Cafe, was denied a change to its established permit at a recent Board of Health meeting. The decision prevents the food truck from staying overnight multiple days at the court.
Director of Public Health Ryan Griffin explained that the sanitary codes for Massachusetts food establishments requires food trucks to return to their base of operations daily, because most are only designed for a single day of operation. The variance Diola requested would allow her to stay for up to four days.
“The way that I interpret the intent of a mobile food truck, as opposed to a regular food service establishment, is that mobile food trucks need to return to their base of operation at least daily to get food prep, food storage and proper cleaning of the truck and equipment,” Griffin said at the Board of Health’s May 13 meeting.
Even though the rejection restricts Diola from operating her truck for more than a day, Griffin added that the food truck court plan approved by the Planning Board remains intact. Other food trucks that want to operate for multiple, consecutive days would have to seek the same Board of Health variances that Ginger Love Cafe attempted to secure.
For Diola, who is based in Greenfield, having to return daily from the food truck court would be a tedious requirement that she said would put more miles on her truck and increase fuel costs. She has spoken with other interested food truck operators who expressed that they may not want to return daily either.
“We are not a brick-and-mortar restaurant and we are not [specifically] a one-day event [business],” Diola said at the meeting. “We are something in between and our approach reflects that. Every standard is being addressed.”
The proposed court would allow up to six food trucks to operate at the lot, with parking and seating available for customers. While details have not been confirmed, the court would be seasonal, running from spring to fall. Food trucks would be allowed to operate Tuesday to Sunday, with hours ranging from 11 a.m. to 9 p.m.
Diola said in an interview with the Gazette that her vision for the food court was to help support smaller food businesses by providing a place where they could stay for multiple days. However, if Griffin’s interpretation of the state’s codes is correct, Diola said, then it may not be possible in the city.
“The food code is interpreted very differently for every single town,” Diola said. “This is the struggle of a food truck business, and boards of health and their interpretations of it, because in other towns I might be OK.”
Diola said she often works events where she stays for multiple days, like the Brimfield Flea Market or Green River Festival, proving that trucks can stay multiple days in other towns while following health and safety guidelines.
But in an email to the Gazette, Griffin said when a food truck stays in one permanent location for an extended period away from a base of operations, it becomes too close to a permanent establishment.
“When a mobile food truck remains at one location for several days and requires deliveries of water or food, wastewater pumping, trash removal, or off-site dishwashing services, we believe it begins to function more like a fixed food establishment than a mobile one,” Griffin wrote. “In Easthampton’s view, that is not the intended purpose of a mobile food truck and would require a different level of review and regulation to ensure food safety standards are maintained.”
Diola said she has put in a lot of work and will still attempt to make the food truck court happen. She has tried to contact other health departments to get a second opinion on the Easthampton’s interpretation of the state codes and has been in touch with Precinct 2 City Councilor and Vice President Felicia Jadczak to see if there is a path forward.
She hopes that since the city has never seen a proposal like hers, the Board of Health will reconsider and potentially allow the operation through a short-term pilot run.
“It’s something that has not been done before,” Diola said. “Where can we work together to make this idea happen and serve the public safely?”
“I believe the park could be successful,” Griffin wrote. “However, any food truck operating there must meet the same permitting requirements and food safety standards that apply to all other mobile food trucks operating in Easthampton.”
