To the Editor:

To the Bethel Community,

At the June 1 Selectmen’s meeting, I was the dissenting vote in a 3-1 tally where other Selectmen approved renewal of a Victualers license for LeMu Eats, a small food establishment in its second year of operation at the top of Mechanic Street. Victualers licenses are locally issued, and required of all businesses selling prepared food. Their approvals are a routine matter which occur each spring.

My vote had nothing to do with LeMu Eats and everything to do with respect for the town’s ordinances – one of which requires Planning Board review and approval of any commercial operation occurring in a structure within Bethel.

For background, LeMu Eats has never been to the Planning Board. No approvals have been issued. Therefore LeMu Eats’ operation constitutes a violation of the town’s Site Plan Review ordinance. And on a technical point, the landowner is actually in violation of town code through its site lease with LeMu Eats. Although this situation has existed for over a year, the town has not taken any action whatsoever to correct things – either by contacting the landowner to gain compliance with the ordinance, or by seeking to amend the ordinance such that the current situation could be made legal.

Certain town officials have rationalized their inaction by stating that LeMu Eats is actually a food truck, not a structure, and thus exempt from site plan review. Their position does not pass the straight-face test.

LeMu Eats is a heated trailer that has been jacked up and blocked in-place for stability and leveling. It does not have an engine. Nor has it moved since it’s been placed. It has been skirted. A porch with railing, set of steps and a roof have been attached. It appears to rely on external power, water and wastewater connections. The so-called “food truck” does not carry a state registration for trailer or truck. It is clearly a structure under definition found in town code in two places. And there is no definition for, or even mention of, the term “food truck” anywhere in town code.

LeMu Eats is also a victim. The owners have stated that they did everything that was asked by town officials when they first located their business on-site. Perhaps that is why town officials now defend their inexplicable position. Perhaps they are embarrassed by their past actions or inaction.

When town officials and town employees ignore and disregard duly adopted ordinances, which is exactly what is happening here, they are disrespecting several groups of people – the Bethel volunteers who developed them, the Bethel voters who adopted them, and the many Bethel businesses which comply with them. It is sad.

With these facts in mind, it was impossible to rubber stamp an improper situation, as my colleagues did at a recent meeting – effectively “looking the other way” in the process. Again, I have nothing against LeMu Eats. My criticism is directed entirely at town officials and employees whose far-from-ideal handling of this matter has led us to a most unfortunate point.

So, where do we go from here? Perhaps an ordinance amendment would provide the best way out for all parties. I propose amending current ordinance language to specifically define and exempt food trucks from site plan review. It has been sent to the Board of Selectmen for hopeful placement on the next town meeting warrant. Thank you.

Michele Varuolo Cole
Selectman

Bethel