Fire Chief Robert Czerwinski, on the left, filed the complaint from the fire inspector's office. Perlman Recycling owner John Freedman, on the right, says his permit allows for the disposal of vehicles.

PITTSFIELD, Mass. — Perlman Recycling is accused of bypassing a city license required to buy and sell vehicles by going through an out-of-town entity.

 

Fire Chief Robert Czerwinski, through the inspections department, filed a complaint with the Licensing Board claiming Perlman is buying used vehicles and then shipping them off to Westfield for the parts to be resold.

 

The chief says that is a violation of the scrap metal license the company currently operates under.

 

"We felt that did not meet the intent of the current license they have," Czerwinski told the board on Monday.

 

The company has a junk dealer license but does not have an auto dealer license. Owner John Freedman said the company buys vehicles from the public and then sells them to a company in Westfield that he also owns. That company  detitles the vehicle, removes parts and then destroys the rest for scrap metal.

 

Attorney Dennis Egan, representing Freedman, said the operation is legal under the junk license. He said the company has the ability to hold onto vehicles and can sell the vehicles to a scrapyard. He said the intention of the licensing process is to protect the public but Freedman is only transferring the vehicles to a company with the ability to crush them, not selling to the public. 

 

"Perlman's is not operating outside of the auspices of its licenses," Egan said. 

 

He said since the company does not sell the parts to public from Pittsfield, the company is not considered a secondhand dealer. He also denied Czerwinski's allegation that the Westfield company, which Freedman owns, is buying the vehicles to resell the parts. 

 

The question revolved for the Licensing Board around whether or not Perlman's is selling parts or vehicles and whether or not the permit allows for it. 

 

The company's website advertises buying car parts, "Perlman Recycling will buy cars, trucks and farm equipment at top dollar! Cash payments" and asks users to click a link to a Westfield company — presumably Freedman's business — if the user is looking to buy car parts. Czerwinski added that he saw signs for Perlman's saying "we buy cars."

 

Freedman denied being aware of any signage.

 

"What's going on here is hearsay from competitors of my client," alleged Egan on the accusations that the company is selling parts or vehicles. 

 

Egan answered "yes" when asked if the company buys vehicles but claims it is allowed to do so for scrap and able to store used vehicles. The sale to an affiliate for disposal is just part of the recycling operation allowed by the permit, he said.

 

"The principal business is not buying and selling," Egan said. 

 

Eastern Vehicle Recycling out of Westfield is listed as an affiliate. That website says it is the "best source in the area for discounted parts" and allows users to pick out the parts they want. Freedman says the affiliated company has the license in Westfield to sell and dispose of vehicles.

 

Henry Sayers, owner of Sayers Auto Wrecking in Lanesborough, says Perlman is working around the city's license to avoid legal requirements that come with selling vehicle parts or running a scrapyard — thus creating unfair competition.

 

"He's just trying to sidestep the city of Pittsfield," Sayers said. "He should just apply for a Class 3 [auto dealer] license."

 

Mervin Haas, owner of County Auto Wrecking, says the same. He said there are licenses required to buy and sell vehicles that Perlman's does not have.

 

Board member Thomas Campoli said the city charter does not give companies with junk dealer licenses the ability to buy and sell vehicles. He says selling parts would require a separate license.

 

"It allows them to operate a scrap metal and processing yard," Campoli said. "But it doesn't say anything about selling vehicles to third parties."

 

In 2012, similar complaints were lodged but it is unclear what happened. City Solicitor Kathleen Degnan did present a memo, which read that if the company was to buy and sell vehicles it needed an auto dealer licenses. 

 

"I think the questions the solicitor posed are legitimate and made it clear that you don't have the ability to do it," Chairman Carmen Massimiano.

 

However, without being sure about the wording of the company's variance granted by the Zoning Board of Appeals in 2009, nor having the details of the 2012 challenge, the board opted to table the discussion to do more research.