Westfield

Tow license conditions divide city council

WESTFIELD – The City Council approved a special permit for the towing company selected by the Westfield Police Department, but added conditions to that permit which, if not satisfied, could lead to revocation of that permit.
Jeremy Procon, the owner of Interstate Towing Inc., appeared at the City Council’s June 4 session to present details of his plan to establish a tow yard at 20 Clifton Street, the site of the former Michael’s Towing which lost the city’s towing contract and led to the new Interstate Towing pact.
The council referred the special permit petition to its License Committee.
A condition of the contract awarded by the Police Department is that the contractor has to establish a tow yard in the city for the convenience of city residents. Interstate Towing has a tow yard in Chicopee and was negotiating with the owner of two parcels on Clifton Street to purchase or lease that property.
The License Committee further discussed the special permit application and the establishment of a tow yard on Clifton Street with Procon prior to the regular City Council session. The committee then voted to give the special permit petition a 3-0 positive recommendation to its approval.
The committee then brought the special permit application out during the regular meeting and sparked an extended debate amount the councilors.
At-large Councilor James R. Adams argued that the deal to buy or lease the property at 20 Clifton Avenue has fallen apart and that Procon will not have the capacity to store up to 75 cars.
“Interstate can’t store 75 cars, so if they can’t do that, we can’t approve the (special) permit,” Adams argued. “That requirement was taken out of the (Police Department’s) contract, so it’s up to us to put a number in the special permit.”
Ward 4 Councilor Mary O’Connell argued that if the council failed to approve the special permit, Interstate would use the tow yard in Chicopee.
“We have to approve this for the residents of the city who don’t want to have to go to Chicopee,” O’Connell said.
At-large Councilor Brent B. Bean made a motion to table the issue until the storage issue is resolved. That motion was rejected by a 4-8 vote.
At-large Councilor David A. Flaherty argued that the council cannot decide the issue on any information not presented at the June 4 public hearing.
“The hearing was closed,” Flaherty said. “I’m not sure how we deal with this. I think we have to go with what the (License) Committee heard, 75 cars.”
Ward 6 Councilor Christopher Crean, chairman of the License Committee, said that 75 -vehicle storage is the minimum requirement “or the special permit is null and void.”
City Solicitor Susan Phillips was asked for an opinion on the 75 car storage requirement.
“If the restriction of 75 cars in not in compliance you can call him back for a revocation hearing,” Phillips said. “The License Commission does this a lot. You send out the Building Inspector to count the vehicles.”
Flaherty then suggested an amendment.
“We need the exact wording to make this enforceable,” Flaherty said. “He has space for 25 cars and needs space for another 50 vehicle in this city.”
That amendment was approved on a unanimous voice vote. The Council then voted 9-3 to approve the special permit.

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