WILKES-BARRE TWP. — Two well-known food trucks that have been operating along state Route 309 for years have been forced to move out — at least for now.
After the township recently adopted a food truck ordinance, code officials determined Notis the Gyro King and Yogi’s Potato Pancakes were set up in locations without proper highway occupancy permits required by the Pennsylvania Department of Transportation to access a state road.
“I knew it wouldn’t be popular,” Charles Revitt, a township permitting officer, said at Monday night’s council meeting. “I was thinking about the township liability. It was my duty to bring this up to the township. A highway occupancy permit is like the ‘Bible.’”
Notis’ operated in the former Kmart Plaza for 17 years, but recently was forced to move to a vacant lot next door after the Wawa gas store opened in what’s now known as the Union Center Plaza. The new location doesn’t have a highway occupancy permit, township officials said, so his business was forced to move out.
Yogi’s operated for nine years by the “big cow,” a location also without a proper permit, township officials said at Monday’s meeting.
While highway occupancy permits were not mentioned in the recent food truck ordinance that mostly dealt with hours of operation and health issues, Revitt said the highway permit issue came to his mind because of the ordinance.
Code enforcement officials say the township faced liability if it knowingly allowed the businesses to continue to operate and a crash occurred involving a vehicle entering or leaving the business without a highway occupancy permit. The landowners and businesses would, too, they said.
Notis Vavlas, 57, owner of Notis the Gyro King, said he was in the middle of a workday last week with a long line of customers when the township abruptly shut him down and told him he had to move.
“I lost three days of pay. I have bills to pay. I have to take care of my family,” Vavlas told council members. “I want to know what I was doing wrong? What crime am I committing? I always follow the rules. You say jump, I say, ‘How high?’”
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Vavlas noted he stopped going to fairs and festivals “because I built up a business on 309.” He said he was forced to move late last year due to the developments in the Union Center Plaza, such as the new Wawa store. He said his landlord found him a new location they own nearby — a vacant lot next to the entrance of the former Cleveland Brothers dealership.
He said he applied for, paid for, and received a permit for the new location — and the highway occupancy issue never came up. He was in business in that location since December.
“They placed him there without notifying us,” Tom Zedolik, code and zoning enforcement officer, told council. “The owner should have checked with us before.”
Zedolik said the owner has since applied for a highway occupancy permit, but there’s no guarantee it will be approved.
He agreed Vavlas operated a reputable business at the former location and never bothered him. Zedolik noted he even recommended the former location to Vavlas 17 years ago.
“We’re not picking on you,” Zedolik said.
Vavlas had been looking for another location along Route 309, but was told anyone with a current highway occupancy permit would have to get an amended permit to allow a food truck on site
As of Monday night, that sounded like a heavy lift.
But on Tuesday, Vavlas and Wilkes-Barre Twp. officials heard from PennDOT officials that anyone with an existing highway occupancy permit can easily apply for a low impact amended permit for $25 that could be quickly approved.
Until they could find a new location, Vavlas has since temporarily leased space behind the Sunoco station and Subway restaurant at the corner of Route 309 and Coal Street in Wilkes-Barre City.
“This is our livelihood,” said Vavlas’ wife Denise Vavlas. “The support we are getting is overwhelming. They are fantastic and wonderful.”
Mike Jagodzinski, owner of Yogi’s, said his previous location near the “big cow” and next to a strip mall should be eligible for the low impact permit.
He is optimistic.
“I think it’s all going to work out because we all spoke out,” Jagodzinski said. “I hope we’ll be back soon.”
Originally Published: March 4, 2025 at 2:35 PM EST
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