Turbine Applicant Wants To Move On
Rob Burke wants he and the township to 'put the litigation behind us.' Town approved a settlement agreement with Burke recently but it is unknown if Burke has agreed to the terms of the agreement.
Rob Burke hopes that the ongoing litigation between himself and the township is done.
Burke applied to install a wind turbine at his business, Wayne Auto Spa, in 2007, but the township denied the application.
The matter has been tied up in litigation for years.
“I hope we’re able to put the litigation behind us,” Burke recently said. He would not discuss the terms of the agreement. He declined further comment.
The council approved a settlement with Burke recently, but it is unknown if Burke has accepted the terms of the settlement or not.
The Planning Board denied Burke’s application in 2008, citing a lack of expert testimony and noise concerns.
State Superior Court Judge Donald Volkert overturned the board’s denial in 2010.
The Planning Board approved the application in November 2011. The approval was part of the settlement agreement.
Federal district court Judge Joseph Dixon ordered the matter and agreement sealed.
Township officials, citing Dixon’s order, have also declined to comment.
The wind turbine would not be the only sustainable-energy apparatus on the property. There are solar panels on the roof and the car wash uses a water recycling system.
Burke opened a community garden on the property. He’s also raising chickens and selling fresh eggs to customers and residents. He’s donating the proceeds to local flood victims.
Mayor Chris Vergano and Conncilwoman Lonni Miller Ryan attended the opening of the garden.
“I took it as a very positive signal that they wanted to turn a page in our relationship and move forward and not backward, as I do,” Burke said.
Burke was also looking to recoup between $250,000 and $300,000 in legal fees he claims he is owed.
Burke said in August of 2011 that he was “confident that I’ll get back every penny of what I am owed.”