Thursday, December 5, 2013

UPDATED: Purdy Collision Owner to Address Site Plan Issues Involving Towing and Impounding of Vehicles

Mayor Don Purdy
UPDATED: (Dec 5, 2013) Galloway Township Planning Board approved the Site Plan Amendment and Resolution to clarify and permit the impounding of vehicles at the property of Purdy Collision.  The board voted unanimously with Chief Patrick Moran recusing from the vote and discussion due to a conflict. Click here for additional coverage on Galloway Patch.

Original Story (Dec 4, 2013)
Mayor Don Purdy is scheduled to appear in front of the Galloway Township Planning Board on Thursday, December 5, 2013 at 7:00 p.m., to seek an amendment to the approved site plan for the property located at 805 Third Avenue also known as Purdy Collision.

The application was filed by Galloway based Attorney Thomas H. Darcy, Esq., on behalf of D & M Galloway Holding, LLC. According to the application Donald Purdy is listed as having 100 percent interest in that company. 

According to the 'Statement of the Application' dated November 12, 2013 and filed by Darcy, "the applicant is requesting clarification or modification to the Site Plan Resolution so that the Resolution is consistent with the current towing and impounding operation being conducted on the property."

Galloway Township Planner Tiffany Cuviello issued a report dated November 27, 2013 analyzing Darcy's request for the amendment. 

Cuviello states in her report, "in 2005 the Planning Board granted site plan approval to construct a 20,200 square foot auto repair facility with offices. As part of the Board's approval there was a condition in the Decision and Resolution under item 9 that indicated the following (emphasis added):"

"9. Regarding the use of the site, although the Applicant engages in the business of impounding of vehicles, at another location, this use will not take place at this location and such impounded vehicles will not be stored here. Also, the Applicant has represented that there will only be the incidental and occasional sale of vehicles at this location. The determination of the adequacy of the parking is based upon the Applicant's adherence to the these representations and a violation of either representation will be a violation of the site plan approval."

According to Darcy's earlier admission, Purdy has been currently conducting "towing and impounding operations" on the property contrary to the Board's Approval and Resolution from 2005. 

Sketch Plan prepared by Thomas H. Darcy dated 11/7/2013
Exhibits supplied by Darcy indicate Purdy was issued licenses by the Township since at least 2007 for the operation of Private Towing for the property in question including a license for the operation as a "Municipal Towing Contractor" (Police Towing) under the Township Code since 2009.

Darcy states in the application, "there can be no question that towing and impounding of vehicles is a permitted, and customary and incidental, accessory use to the permitted use of Auto Repair facility such as Purdy's Collision Center."

"It is my client's position that he was indicating to the Board that he would not be impounding vehicles at that location in 2005 because he did not yet have a 2005 or 2006 towing license for that location" Darcy argues in his statement. "My client certainly did not agree to a prohibition on using a portion of his approved fenced in area in the future as an impound lot after he obtained a valid license to tow from and to that location" Darcy further argued. 

In 2005 at the time of the original approval Purdy was represented by Keith Davis, Esquire of Perskie, Nehmad & Perillo. 

According to Cuviello, Purdy is now requesting permission to amend his current condition so as to officially allow for the towing and impounding of vehicles on the subject property. 

Purdy must also address the adequacy of parking on his site in order for the Board to grant conditional approval for this amendment. In 2005 the Planning Board approved the site plan with the requirement of 49 parking spaces on the site in order for the use to be adequate. The Board indicated at that time that the applicant would be required to provide additional parking in the future if the proposed parking proved to be insufficient.

According to an aerial photo as depicting by, there appears to only be 46 marked or delineated parking spaces in the front or north end of the building of Purdy Collision. Of those 46 spaces, the photo appears to only have 23 spaces accessible to the immediate public as the remaining spaces are behind a closed and locked gate. 

Darcy's Sketch Plan dated November 7, 2013 does not delineate any individual parking spaces other than to indicate "Parking areas" and a "security gate."

The approval in 2005 did not provide statistics of parking regarding any impounding area at the location of Purdy Collision. "The applicant should be prepared to address the parking demand and supply how the impounding area would impact the need for parking on the subject property" Cuviello stated in her report.

Purdy currently has a Towing License with the Township for Police Towing. Chief of Police Patrick Moran previously suspended the Towing License of Done Right Towing for operating without a valid site plan approval. 

According to Detective Sergeant Donna Higbee, neither Captain Allan Kane or Sergeant Joe Picardi are familiar with any current suspensions against Purdy regarding the issue of this site plan amendment in order to officially allow the towing and impounding of vehicles or potential violations of site plan approval against Purdy. Kane did advise that Moran maybe more familiar with the issue, however Moran was unavailable for comment. 

Galloway Township Planning Board will hear this application on Thursday, December 5, 2013 at 7:00 p.m. located at the 300 E. Jimmie Leeds Road in the Council Chambers. 


Anonymous said...

Let me get this straight; the Mayor must now seek approval from the very board and professionals he appointed in order to allow him to do something he was possibly illegally doing all this time? Anyone see a conflict here? This man has been doing nothing but serving himself at the cost of the taxpayers. He should refund every single person he charged to tow and impound a vehicle from since he never had approval to do so to begin with.

Ron Schreiber said...

And the blind man I don't see anything wrong !!!

Anonymous said...

Glad to see you're off vacation and back to investigative reporting. This should've been out months ago. Why has Purdy been operating for over 4 years without Board approval. Many have complained to the Police Department but of course they won't do anything because he is THE MAYOR. He shouldn't be allowed to tow in this town.

Anonymous said...

Excellent piece. If anyone knows Land Use it sure is the Publisher of this website.

Anonymous said...

i hope the mayor reads this. admit you made a mistake by towing without approval and let the board give you what you should have had. but to take the approval without admitting wrong will not make it better.

Anonymous said...

And yet the people of Galloway re-elected this POS back to council! What a jerk!

Anonymous said...

Did anyone think he wasn't going to get approved. He put all of them up there including the attorney who is the GTRL President. Yea, conflict.

Anonymous said...

The attorney is not the GTRL president. You may be referring to Patrick D'arcy, not sure.

Anonymous said...

It is kind of pathetic watching these so called "professionals" kowtowing before this piney politico pilferer. They should be ashamed of themselves for being bought.

Anonymous said...

So what this article really says is Galloway Mayor is approved to tow vehicles through his company at the townships expense! Purdy, you're a POS!

Anonymous said...

If I owned a bar that did not have the proper approvals to see liquor and I sold the liquor for 6 years, don't you think that I would be fined for collecting money for services that I was not permitted to collect?

If the site was not approved for vehicle storage, where were the zoning officers? The construction department inspectors? The police? The Code Enforcement Officials?

This is a small town with very little construction going on during that period. It is amazing that no one in town hall noticed!

And, why was he not fined for operating a business and collecting fees for a service that was not permitted? Shouldn't there been some kind of fine assessed for profiting from breaking the law?


Fools at the voting booth; fools paying taxes for this township oversight incompetence; Galloway gets what it deserves. The people in power get a job with a license to steal.

Anonymous said...

Politicians = Scumbags!

Publisher said...

Clarification: DP Towing and Purdy Collision does not tow vehicles at the taxpayers expense. It is a private company not affiliated with the Township. DP Towing is permitted by license to be on the Township's Tow List for Police Towing. The rates are set by the Township but the customer and/or insurance carrier pays the Towing company directly. No money between Purdy or the Township exchanges hands.

Anonymous said...

Thanks for getting the plow trucks out Don! Frigging jerk!

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