LONG BEACH TOWNSHIP - Michael Mercurio is waiting out the spring winds to meet the obligations of an agreement he made with the township to remove a wind turbine on his West Indiana Avenue property.

Long Beach Township's master plan prohibits windmills in the township, declaring them "not appropriate for this municipality" for safety reasons.

"We passed an ordinance against them because they don't work on small lots," Mayor Joseph Mancini said. "We're not all against wind energy and there's no animosity - however, on a 50- by 100-foot lot, it just doesn't work."

Mercurio has until June 1 to dismantle a 34-foot wind turbine standing in the backyard of his Beach Haven Terrace home - but seasonal winds have kept him from starting the work, he
said.

"I'm at a point where they are playing the wear-me-down fight in order to do something. It's basically policy now," Mercurio said of his almost two-year battle with the township, neighbors and lawyers over the structure. "I can't do anything with it until the winds die down, until May."

A crane will have to be used to remove the turbine, and it will cost about $3,000, he said. He added that constructing the turbine cost $18,000 in 2006. The wind turbine has not operated since summer 2007, when the township issued its order.

Patricia Clapicki and John Miller, a brother and sister who own a home on West Indiana Avenue, filed the lawsuit connected to the wind turbine against Mercurio in February 2007. In the lawsuit, Clapicki and Miller allege the turbine interferes with their sleeping, eating, reading and watching television, and causes them stress-related symptoms, among other nuisances. The lawsuit also states Mercurio's windmill creates traffic congestion because "gawkers" on bikes and vehicles stop to look at it.

Why is Mercurio abandoning his fight? "It's a bad economy, and I've spent $45,000 in legal fees to keep this little wind turbine up," he said.

But Mercurio still had a glimmer of hope in his voice Monday afternoon. The agreement with the township states that if state, federal or local laws change and allow the turbine, then Mercurio may rebuild.

"When the technology gets better and the state and feds come up with something to have them work on small lots, we'll go from there," Mancini said. "I told Mr. Mercurio, 'You come up with a decent plan and come to me so we can put them someplace where they work, like out in the bay.'"

Mercurio said legislation that would deem wind energy "inherently beneficial" and make it easier to obtain zoning variances for such projects may breathe new life into his "little wind turbine."

The Assembly bill would label renewable energy facilities such as wind turbines like Mercurio's "inherently beneficial." In February, Assemblyman John McKeon, D-Essex, told The Press of Atlantic City that safety concerns are a valid reason to overturn a variance request. McKeon, one of the bill's authors, said he is concerned about variances being denied because some people think windmills look ugly.

Another bill was introduced in the state Senate in February that would create a uniform safety standard and prevent bans on wind turbines such as the one in Long Beach Township.

"We're going to get this done. It's going to happen. It's just going to take some time," Mercurio said. "It's a shame in this day and age when all these things are coming about with wind and solar power that we would have to even consider taking this down."