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December 14, 2007
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Board renews used car dealership license
By Ken Powers Community Reporter

Northborough - After debating for nearly an hour about renewing a local merchant's license to sell used cars, the Board of Selectmen voted at its Dec. 10 meeting to renew the license, but imposed stipulations that could lead to its immediate revocation.

Alex and Sam Moucharrafeih, brothers who operate Prime Auto Sales, 279-281 West Main St., were brought before the board by Police Chief Mark Leahy for repeated violations of their Class II Used Car Dealer License.

Leahy explained to the board that on four occasions either he or one of his officers traveling past Prime Auto Sales located near the Times Square intersection in town, noticed what appeared to be more cars on the lot than the license allows, which is 18.

Leahy said he personally observed the first violation, during the spring, and that a count by him totaled 23 cars. He reminded the Moucharrafeih brothers that their license allowed for 18 and only 18 and they needed to remove the excess cars from the lot.

A mid-summer trip by the dealership by Leahy, on the way to a meeting in another part of town, caused him to call into the department and request Det. Sgt. Bill Lyver go to the dealership and count the number of cars on the lot. Lyver counted 20 cars.

A standard, unannounced review of the dealership by Det. Jeff Noel Oct. 11 revealed not only 25 cars on the lot, but the fact that the used car log, which state law requires be kept up to date, hadn't been updated in 356 days. On a follow-up visit Nov. 14, Noel counted 23 cars on the lot, but did find the used car log up to date.

Framingham attorney Bill Carroll, representing the Moucharrafeih brothers, explained to the board that his clients were unclear that the 18-car limit was an all-inclusive number. Carroll said the brothers believed 18 was the number of cars the could have for sale on the lot and that other cars - customers vehicles, their own, others waiting to be picked up or go to auction - didn't count in that number.

Selectman Jeff Amberson referred to a copy of the license and read from it the stipulations, which said the dealership was allowed to have on the lot seven compact cars, six standard cars, one truck, one customer car and two employee vehicles, for a total of 18.

Carroll then said his clients weren't clear that those were the specifics and that they couldn't remember the details of the hearing for the license.

"I can remember precise details of the public hearing from 2005," Amberson said. "I can remember discussing the number, having the police chief and fire chief talk about the safety issues regarding the site and why 18 was the absolute max number they could have on the lot. We do about 30 of these a year and I can remember just abut everything about it. You guys had one hearing and you can't remember what was said at it?"

The board, in voting to allow the renewal of the license, clearly stated to the Moucharrafeih brothers that 18 cars is the limit allowed on the lot.

"Eighteen means 18," Chair Bill Pantazis said. "Cars for sale, employee cars, customer cars, cars that fall from the sky. Eighteen is 18. You guys are clear on that now, right?"

The Moucharrafeih brothers said they were.