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Wayne man sues over ban on wind turbines

The owner of the Wayne Auto Spa, who sparked controversy in proposing a wind turbine at his business, wants a judge to overturn new township zoning rules that prohibit the project. The Township Council adopted a zoning ordinance in September that bans wind turbines within 1,640 feet of residential neighborhoods, schools or day-care centers. ...Burke argues in court papers that the township should not be allowed to frustrate state policy objectives that promote the use of wind and other renewable energy sources.

The owner of the Wayne Auto Spa, who sparked controversy in proposing a wind turbine at his business, wants a judge to overturn new township zoning rules that prohibit the project.

The Township Council adopted a zoning ordinance in September that bans wind turbines within 1,640 feet of residential neighborhoods, schools or day-care centers.

Officials approved the measure while Robert Burke had an application pending before the township Planning Board for a nearly 50-foot-high turbine at his Hamburg Turnpike quick lube and car wash, about 120 feet from a preschool.

Burke argues in court papers that the township should not be allowed to frustrate state policy objectives that promote the use of wind and other renewable energy sources.

He also argues that he is being discriminated against because he supported a Democratic candidate in the 2007 election, who ran on a platform of supporting his wind turbine project.

Township officials were served Wednesday with the lawsuit that Burke filed in state Superior Court in Paterson.

He names the Township Council, Mayor Christopher Vergano and the Planning Board in the lawsuit.

"They are angry because I got... more [truncated due to possible copyright]  

The owner of the Wayne Auto Spa, who sparked controversy in proposing a wind turbine at his business, wants a judge to overturn new township zoning rules that prohibit the project.

The Township Council adopted a zoning ordinance in September that bans wind turbines within 1,640 feet of residential neighborhoods, schools or day-care centers.

Officials approved the measure while Robert Burke had an application pending before the township Planning Board for a nearly 50-foot-high turbine at his Hamburg Turnpike quick lube and car wash, about 120 feet from a preschool.

Burke argues in court papers that the township should not be allowed to frustrate state policy objectives that promote the use of wind and other renewable energy sources.

He also argues that he is being discriminated against because he supported a Democratic candidate in the 2007 election, who ran on a platform of supporting his wind turbine project.

Township officials were served Wednesday with the lawsuit that Burke filed in state Superior Court in Paterson.

He names the Township Council, Mayor Christopher Vergano and the Planning Board in the lawsuit.

"They are angry because I got politically active,'' Burke said. "Anger isn't a good reason to adopt a law.''

Vergano continued to defend the township's decision Wednesday.

"I am confident that our actions were taken to protect residents throughout our community and, although we support alternative energy programs, you have to be careful where they are located,'' Vergano said.

Burke said he plans to amend his lawsuit soon to also challenge the Planning Board's denial of his application.

The board turned down the proposal in September, after Burke denied its request for more time to hear the facts.

Burke argued that the board was trying to stall until the new zoning went into effect.

Burke said he would continue his fight against the township, despite opposition from officials, "for my children.''

"What choice do I have?'' he asked. "If not me, then who?''


Source: http://www.northjersey.com/...

NOV 13 2008
http://www.windaction.org/posts/17927-wayne-man-sues-over-ban-on-wind-turbines
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