The Planning Board memorialized an agreement between the board and Rob Burke Monday night that sets the parameters by which Burke can install a wind turbine at his business, .
The board initially in November. The memoralization is an action taken after the board approves an application.
The pole and turbine may only be illuminated by lights approved by the Federal Aviation Administration. The pole must be painted gray or white.
Approving the application is only one step in Burke finally being able to install the turbine. The council must also approve a written settlement agreement between the township and Burke. Representatives for the parties are over the matter on April 18.
The has yet to approve the agreement. Council President Joseph Scuralli could not be reached for comment.
Burke said he won’t stop fighting for his right to install the turbine.
“I have no intention of stopping,” Burke said. “If the town is unwilling or unable to come to an agreement, then that’s up to them.”
The Planning Board denied Burke’s application in October 2008 citing a lack of expert testimony and concerns about safety and noise. Burke originally wanted to install a turbine with 6-foot long blades on it, but a bladeless version will be installed instead.
State Superior Court Judge Donald Volkert overturned the denial in July 2010. In his decision, Volkert said that the board improperly denied the application due to the concerns.
The council approved an ordinance in December 2009 permitting wind turbines to be installed in industrial areas in the township but not at the Wayne Auto Spa.
Burke, an advocate for sustainable living and clean energy, already has solar panels operating at Wayne Auto Spa.