PITTSFIELD, Mass. — The Licensing Board says Pearlman's Recycling doesn't need any additional licenses to buy scrap vehicles, transfer the title to another company, and then resell the parts.
The board decided Monday that the company is in full compliance with state laws regarding automobile graveyards and entered that finding in a complaint brought before the board.
The city's Fire Inspector Randy Stein brought the complaint saying the company was selling used vehicles and parts without the proper license. However, since that is not the company's primary focus, the board found the operation in compliance with its current junk dealer license.
"I would move that we approve the operation by Pearlman's of an automobile graveyard activity, which appears to satisfy the [state] statute under its Chapter 54 license," board member Thomas Campoli said after lengthy legal banter between the attorneys representing the city and Pearlman's.
Pearlman's runs a scrapyard but also buys junk motor vehicles. The company then transfers the plates to a separate entity, Eastern Vehicle Recycling out of Westfield, with the same owner. In Westfield, the company parts out the vehicles and resells them.
Local junkyard owners, however, say that isn't fair because Pearlman's doesn't have the used auto sales license they are required to have to sell parts locally.
"They are bypassing everything," said Mervin Haas, owner of County Auto Wrecking.
Haas' principal business is to buy used vehicles and then resell the parts, a business he's operated for the last 27 years. To do so, he has a Class 2 auto dealers license, allowing him to sell used autos and handle the titles, as well as a Class 3 junk license to buy and sell vehicles for salvage. He also has a license to store flammable materials on his lots.
"He's got to have them licenses," Haas said. "The registry has rules you have to follow also."
Pearlman's only has a junk dealers license and the law says that a used-parts dealer only needs the licenses to sell automobiles and parts if it is the primary business, which it is not for Pearlman's. The Licensing Board determined that the company doesn't need another license and that the operations are in line with the permit issued.
"Cars are ancillary. It is a small part of the business," attorney Christopher Hennessey, who represented Pearlman's, said. "We have a valid license. There is no such thing as a graveyard license."
Hennessey said even if the company did require the non-existent vehicle graveyard license, it complies with the provision defined for such a company in the state law. If the company has a license to be a junk dealer, then it is authorized to sell vehicles if the company satisfies those provisions, which it does.
"It is clear that a Class 3 license is not required," he said. "He's not selling parts. He is not selling parts that go out on the road."
Stein said the issues really center on the titles. He said he's asked the state police to look into what is happening with those titles when they are sent to Springfield. The board said the company is required to keep detailed records of the vehicles and the titles, which Hennessey says is being done both at Pearlman's and at the sister company, which does have the license to resell the parts.
"My clients are able to sell their vehicles to an entity with a Class 3 license to do what they want," Hennessey said.
The board ultimately found in Pearlman's favor.
In other business, the board was asked to call a special meeting by Police Lt. Michael Grady. The officer told the board that he wants the meeting to address another incident regarding Lach's Lounge. It was just recently in front of the board regarding a shooting following an altercation in the bar.
On Saturday, a man was found shot dead in the parking lot next to the bar, but it is not clear if that is what Grady wants the special meeting to address. That incident is still under investigation.
If you would like to contribute information on this article, contact us at info@iberkshires.com.
Your Comments
iBerkshires.com welcomes critical, respectful dialogue. Name-calling, personal attacks, libel, slander or foul language is not allowed. All comments are reviewed before posting and will be deleted or edited as necessary.
No Comments
Pittsfield Road Cut Moratorium
PITTSFIELD, Mass. — The city's annual city road cut moratorium will be in effect from Nov. 29, 2024 to March 15, 2025.
The road cut moratorium is implemented annually, as a precautionary measure, to ensure roads are kept clear of construction work during snow events and to limit the cuts in roads that are filled with temporary patches while material is unavailable.
During this period, steel plates are not to be used to cover open excavations in roads. Also, the Department of Public Services and Utilities will not be issuing the following permits:
• General Permit
• Sewer Public Utility Connection Permit
• Stormwater Public Utility Connection Permit
• Water Public Utility Connection Permit
• Trench Permit
Limited exceptions will be made for emergency work that is determined to be an immediate threat to the health or safety of a property or its occupants.
The Massachusetts Sheriffs Association honored it with the Program of the Year Award during its second annual law enforcement and corrections award ceremony on Tuesday.
click for more
Raymond Guidi was surprised and glad to see the communication after all of this time. He worked for the Pittsfield Public Schools for a few years and then taught in Dalton for nearly 40.
click for more
Some residents received an "alarming" notice from the Water Department about the possibility of lead pipes or solder in some homes, but officials assured them not to worry. click for more
The William Stanley Business Park is transforming from grey to greener. Site 9 is nearly completed and funds have been secured to ready Sites 7 and 8 for development. click for more