WAYNE - When in doubt about a potentially explosive public issue: Hire an expert.

That's what township officials have decided to do as they craft regulations for placement of those tall, blade-driven wind turbines that generate electricity. The Township Council is expected to postpone a public hearing on an ordinance scheduled for Wednesday while finalizing an agreement to hire an expert, Mayor Christopher Vergano said.

"We are hiring someone with expertise who can help us in reformulating this ordinance that will be beneficial for all of the taxpayers," Vergano said.
The question of where turbines should be allowed has sparked an ongoing controversy since Robert Burke, owner of the Wayne Auto Spa, sought Planning Board approval to install a turbine at his Hamburg Turnpike quick lube and carwash. His proposal was met with fierce opposition by alarmed residents who say the turbine would be noisy, fling ice from its blades and have other potentially negative health impacts. Burke and other advocates for wind energy have said residents' fears are unfounded.

The Planning Board rejected Burke's application last year for a turbine with six-foot blades atop a 43-foot pole, and he's been locked in litigation with the township ever since. Meanwhile, township officials have been grappling with trying to set rules for the placement of turbines.

In 2008, the township banned turbines within 1,640 feet of homes, schools and day-care centers, but now is considering looser codes. The council introduced a new measure in January to set a 50-foot height limit and 50-foot distance from property lines. But residents called for a larger setback, and the ordinance was tabled as the township searched for expert advice.
Vergano said the ordinance may be tabled until December while the township works with the consultant.

Meanwhile, Burke also is asking a judge to rule on his lawsuit challenging Planning Board denial of his application without a trial. In a motion for summery judgment filed last week, Burke's attorney William Potter argued that the Planning Board could not reject Burke's application because it complied with the township's zoning code.

Burke scaled back an initial application for a turbine atop a 120-foot pole to meet the township's 50-foot height restriction. The planning board decided on Burke's application shortly before the ordinance setting a 1,640-foot buffer went into affect. Burke also is asking a judge to toss out the ordinance.

He said he is asking a judge to decide because the facts of the case are not in dispute.

"What the town did is against the law, and it's going to be overturned by a judge,'' Burke said. "We are not in Disneyland at 475 Valley Road anymore, we are actually in a court of law. In Disneyland anything can happen.''

Vergano said he could not comment on the ongoing litigation with Burke.