West Tisbury needs clear regulations on how and where food trucks may be allowed, town counsel Ron Rappaport told a joint meeting of the select board, planning board and zoning board of appeals Wednesday.
A change in zoning bylaws, which requires voter approval, would be many months in the making. But, Mr. Rappaport said, the select board can write its own regulations now to govern the growing phenomenon of mobile food stands while the bylaw change is in the works.
“I recommend that you do. West Tisbury seems to be food truck central right now,” said Mr. Rappaport, who joined the online meeting to advise the three boards on food trucks and other retail sales in the town’s village, residential and agricultural zones.
“There’s a plain need for regulation in the town,” he said. “The rules of the road should be there for everybody to see.”
And the requests are still coming in: Town administrator Jennifer Rand said she had just received notice that a longtime Monday event, which she did not name, held at Grange Hall now wants to add a food truck.
World Market Mondays is a weekly craft fair that has taken place at the Grange in past seasons.
“I truly don’t know what to do with it,” Ms. Rand said of the latest request.
Three earlier food truck applications in West Tisbury were denied by zoning officer Joe Tierney based on existing town bylaws.
All three applicants appealed to the zoning board of appeals, which overturned Mr. Tierney’s decisions and waived appeal fees while acknowledging that town bylaws do not easily apply to food trucks.
The lack of clear municipal guidance has put Mr. Tierney in an untenable spot, Mr. Rappaport said Wednesday.
“In fairness to Joe, he needs to keep calling it as he sees it . . . until you adopt regulations,” he said.
Mr. Rappaport recommended that the planning board begin to work on updating the zoning bylaws, to reflect the existence of the rolling restaurants and codify the locations — and the frequency — of their appearances.
“It cries out for the planning board to do something with regulating and defining food trucks and where they are allowed . . . and where’s the tipping point, how many events can happen,” he said.
“Where that tipping point is right now is undefined, and a matter of interpretation,” Mr. Rappaport said, adding that he has every confidence the board can handle the job.
“I really do think the planning board is up to the task. They did an excellent job on the big house bylaw,” he said.
While the planning board works toward bringing an updated bylaw to voters, Mr. Rappaport recommended the select board develop its own regulations in the interim to provide clarity to applicants and town officials alike.
“You have powers under [state law] to regulate hawkers and vendors, which would include food trucks,” he said.
Other Massachusetts towns — including Wellfleet and Tisbury — have already developed rules that West Tisbury can use as a model, Mr. Rappaport said.
“You don’t have to invent the wheel,” he said. “They’re very good regulations.”
Both boards agreed to wade into Mr. Rappaport’s recommendations at their next public meetings.
Also Wednesday, the select board authorized a $14,000 reserve fund transfer to the highway department, to make up for payments to outside contractors during the clean-up after last October’s severe storm, and signed a three-year memorandum of agreement with the Martha’s Vineyard Airport for the services of West Tisbury police personnel.
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