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Wind Turbine Settlement Agreement Approved

Council unanimously approves deal with Wayne Auto Spa owner after years-long legal battle.

The town council unanimously approved a settlement agreement between owner Rob Burke and the township at a meeting Wednesday night.

Town attorney Matthew Giacobbe would not discuss the terms of the agreement. He said that the presiding judge in the matter, Federal District Court Judge Joseph Dixon, ordered the matter and agreement sealed.

Burke applied to construct a turbine with 6-foot long blades on the Wayne Auto Spa property in 2007. The Planning Board denied the application in October 2008 citing a lack of expert testimony and safety and noise concerns. The matter dragged on in court for years.

The council voted 6-0 to approve the settlement. Councilwoman Nadine Bello and Councilmen Joseph Schweighardt and Al Sadowski did not attend the meeting.

Giacobbe, council President Joseph Scuralli, and the other council members would not comment on the matter.

Burke did not return a message seeking comment late Wednesday night.

As part of the agreement, the turbine will not have blades on it. Instead, a bladeless version, which is designed to be much quieter than one with blades, will be installed. The device was originally supposed to be 50 feet tall. It will be shorter than that.

State Superior Court Judge Donald Volkert overturned the denial in July 2010. Volkert stated in his decision that the board improperly denied the application. The Board in December as part of the settlement agreement.

The parties in the case were scheduled to discuss the terms of the agreement earlier this year, but were unable to discuss the matter in a pre-agreed time frame.

Burke was also looking to 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.”

— Have a question or news tip? Contact editor Daniel Hubbard at Daniel.Hubbard@patch.com or find us on Facebook and Twitter. For news straight to your inbox, sign up for our daily newsletter.

Victor Alfieri July 20, 2012 at 02:17 AM
Nice job Nose! I will be there. 3 years ago, that damn fair got me started in this whole chicken thing in the first place! There will be over 100 different chicken breeds to choose from. Lots of fun and a great day trip for the family. http://www.newjerseystatefair.org/html/fair.cfm
Nose Wayne July 20, 2012 at 03:28 AM
Hope to see you there !! Let me NOSE what day your going. Been going there for years. Best Fair around. I didn't have chickens, but back in the day my friend had a whole coop full that used to wander up and down Preakness Avenue and NOSEbody ever called or complained about them. Just glad you and the chickens can rest easily that all this nonsence is over.Be in touch and let me NOSE about the Fair.
Rob Burke July 20, 2012 at 10:26 AM
Al, we keep everything in our store at my business, Wayne Auto Spa, 2122 hamburg Tpk at black oak ridge rd. ask the cashier, me or the manager.
Rob Burke July 20, 2012 at 10:45 AM
T shirt design contest - winner gets a free shirt. The graphic on the shirt will have an image of our hens and garden, and the shirt must say Wayne auto spa. Here's the contest - provide an answer to be printed on the shirt, to the question 'why did the chicken cross the road?'. I have a few ideas myself but woul enjoy seeing other people's thoughts. Probably more creative than mine. Feel free to post your answers or email them to me.
Rob Burke July 20, 2012 at 11:09 AM
NW-I have 16 hens already and they are producing well over a dozen eggs a day. Don't really think I need more hens right now. Goats, on the other hand, would be a neat idea. Milk the goats and make goat cheese. I gotta figure out how much of a hassle it would be to make goat cheese before I move forward with this.
Nose Wayne July 20, 2012 at 01:41 PM
Rob, see if you can make it one day to the fair. They have all kinds of animals including goats. People are very kind and will give you all the information you need. GOOD LUCK !!! If you do get one how about naming it " WINDY "
Victor Alfieri July 20, 2012 at 01:45 PM
Nose....shoot me an e-mail so I nose how to contact you for the fair. http://www.woodlotfarms.com/
Nose Wayne July 20, 2012 at 02:08 PM
Thanks Victor, I will.
Sandy Fantau July 20, 2012 at 02:26 PM
Why did the chicken cross the road? To get to the best car wash in TOWN.
Resident Kelly July 20, 2012 at 05:07 PM
Congratulations Mr. Burke! This is a huge step forward in the Health & Sustainability Movement. I hope this is a sign that the town is finally embracing the movement instead of trying to defeat it. Great job!
WayneShopper.com July 20, 2012 at 05:15 PM
T-shirt IDEAS For Us: Why did the chicken cross the road? TO GET A BETTER DEAL T-shirt IDEAS For YOU: Why did the chicken cross the road? BECAUSE THE GRASS WAS GREENER (Get it?) :-) Your place looks great by the way and kids love it!
Justice July 20, 2012 at 05:35 PM
Can't wait for the feta from the goat. Goat's are naturals for keeping lawns trimmed. Beats the gas for the lawn mowers.
Sandy Fantau July 20, 2012 at 05:39 PM
Why did the chicken cross the road? Because, the Zoning Officer was coming down the street.
Victor Alfieri July 20, 2012 at 06:06 PM
Updated Pictures As Of Today......Enter T-Shirt Contest http://www.woodlotfarms.com/Wayne_Auto_Spa.html
Victor Alfieri July 20, 2012 at 06:06 PM
Updated Pictures As Of Today......Enter T-Shirt Contest http://www.woodlotfarms.com/Wayne_Auto_Spa.html
Victor Alfieri July 20, 2012 at 06:07 PM
Updated Pictures As Of Today......Enter T-Shirt Contest http://www.woodlotfarms.com/Wayne_Auto_Spa.html
Rob Burke July 20, 2012 at 09:17 PM
That's hysterical. You are officially in the lead....
Rob Burke July 20, 2012 at 10:51 PM
Thanks, Kelly. I hope you can make it to Tiffs on Tuesday night at 7. The topic, I think, is - how can we do more/better?
Rob Burke July 21, 2012 at 12:43 PM
Forget the goats. After only a few minutes of reading, they are too much work just to make cheese. A fish farm, on the other hand, appears to be viable.
Rob Burke July 21, 2012 at 12:44 PM
Thanks for your post!
stewart resmer February 15, 2013 at 03:23 PM
Secret donors funded media campaign against wind farms http://www.rawstory.com/rs/2013/02/15/secret-donors-funded-media-campaign-against-wind-farms/ The Franklin Centre purports to be a hub for a network of “citizen journalists” and “watchdog” groups reporting from state capitals. It claims on its website to provide 10% of all daily reporting from state capitals across the country. It says it is on a mission to uphold a media culture of “transparency, accountability, and fiscal responsibility at the grassroots level”. But the Pew Research Centre’s Project for Excellence in Journalism has ranked Franklin’s watchdog.org affiliates as “highly ideological”. Many of the media organisations listed on Franklin’s website as affiliates are ultra-conservative groups. Another Franklin affiliate, the New Jersey Watchdog, pushed for the state to drop out of a regional emissions cutting programme.
Jack Q February 15, 2013 at 04:23 PM
Ted Kennedy Wants Windmills Killed. http://archive.newsmax.com/archives/ic/2006/2/27/113830.shtml Glad he was so concerned about the environment. Typical liberal double standard. Not in my backyard. Glad they were put in after he died.
stewart resmer February 15, 2013 at 04:32 PM
Do secret groups ever pay back the taxpayers when towns lose civil suits like this one? What is it with Wayne township that forces individuals to go to court only to lose?
stewart resmer February 15, 2013 at 04:51 PM
"The wind farm is a boondoggle with more public money going into it than private and at sea to save the money it would have to pay on land. Wind-wise, it doesn't even make sense in the location they want for it. It won't benefit any of the homeowners on the Cape and Island. It will be a constant environmental risk for the Nantucket Sound." Once again jack-O leaves out the facts according to data it will double electric rates. This is after over $70,000,000 a year in federal and state subsidies. Read more: http://newsbusters.org/blogs/tom-blumer/2009/08/30/boston-globe-now-teds-out-way-hurry-cape-cod-wind-farm#ixzz2KzELigu7
Jack Q February 15, 2013 at 05:24 PM
But it was approved by this administration! Can't blame Bush for this one. All on Obama's shoulders. Didn't they do the math Stew? Kind of like all the other green energy jobs and companies. Once bankrupt, the loans are set up to pay off private investors rather than the gov't. But of course, the investors are dem donors. Did you leave out that fact?
stewart resmer February 15, 2013 at 05:43 PM
Jack-O you argue Kennedy was opposed, now you argue because the project is moving forward, after review of all your comments all you seem to do is argue? In case you were wondering? Romney opposed the project too. One thing is for sure the Secret Donors dont pay for law suits likee this one when Wayne loses in court, the taxpayers do. Argue that?
Jack Q February 15, 2013 at 06:36 PM
Can't argue that. That is true. You seem to ignore the fact that the taxpayers also pay for all the failed "green" companies that the government bankrolled and payed the private investors off after bankruptcy? And the taxpayers also pay for the government funded green jobs that are sent over seas? You can't argue that can you, or is that Bush's fault. My point in the previous post is that the Kennedy's are all for green energy as long as it didn't affect their view. I don't care if Romney was against it as well. Why was it so bad then and it's ok now? And no, I am not against alternative forms of energy. I think they are necessary, but need to be researched and developed and not just have billions of dollars at them.
stewart resmer February 15, 2013 at 06:49 PM
jack-o now you argue with yourself? Relax, take yer meds, move away from the key board, lay down, hydrate, eat something, maybe sugarless? What you are suffering from is a form of Romnesia, a pre exisiting condition. The Good news? OBAMACARE covers that, make an appointment with an analyst first then get a psychologist, but remember? You have to want to change in order to get better? So dont waste tax payer money when there are so many other RWNJ's in denial and desperate need of counseling?
Jack Q February 15, 2013 at 07:33 PM
Just arguing with someone who thinks they are not partisan. You think that the mighty O have free reign to spend our money, but the Republican Governor doesn't nor does the Republican Council. You think that when the Council sticks the taxpayers with the bill its horrendous. But when the Prez does the same thing, silence.
stewart resmer February 15, 2013 at 08:03 PM
Jack-O? Symptoms of Schizophrenia characterized by profound disruption frequently includes psychotic manifestations, such as assigning unusual significance or meaning to normal events or holding fixed false personal beliefs (delusions). Now Jack, this was about the township and SECRET DONORS who set about to derail wind power, but you seem to have a strong need to express yourself in oblique terms rather than the subject as it applies locally as you range far and wide? Please, consider availing yourself of OBAMACARE and sort things out for yourself?


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