Turbine Applicant to Receive $220K From Settlement

Rob Burke will receive $220,000 as part of a settlement agreement with the township to construct a wind turbine at his business, Wayne Auto Spa.

Federal District Court Judge Joseph Dixon unsealed the terms of the settlement Friday.

“The litigation was resolved to my satisfaction,” Burke said.

Burke applied to construct a turbine on the property in 2007. The Planning Board denied the application in 2008 citing a lack of expert testimony and safety and noise concerns. The matter dragged on in court for years.

State Superior Court Judge Donald Volkert overturned the Planning Board’s denial in July 2010. Volkert stated in his decision that the board improperly denied the application.

The town approved the settlement agreement in July.

The $220,000 will be paid from the New Jersey Intergovernmental Insurance Fund, a public program municipalities pay into to cover professional liability policies and general liabilities, among other things.

Mayor Chris Vergano and town attorney Matthew Giacobbe did not respond to requests for comment.

The 50-foot-tall turbine will not have blades, although Burke applied for one with 6-foot long blades on it. 

Burke expects to receive the turbine in January and install it in the spring.

The turbine will be the latest in sustainable and clean energy equipment on the property. Solar panels and a water recycling system already exist. Burke also grows vegetables and keeps chicken hens on the property in a fenced off garden and pen.

Burke gives away vegetables and eggs but accepts donations; he gives the money to Pines Lake Elementary School and to Packanck Community Church, among other local organizations.

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