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8 N.J.A.R. 205

Pinelands Commission; Country Village Home, Inc. & Arthur Schwartz, President v
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Citation: 8 N.J.A.R. 205
Decision Date: 1985
Synopsis: Petitioner objected to a condition attached to the Pinelands Cam- missJan's approval of its application for a waiver of strict compliance from the Comprehensive Management Plan, namely the installation of waterless toilets in 12 single family homes to be built on lots of less than one acre in size. The administrative law judge assigned to the case determined that there was a lack of any significant evidence presented by the petitioner which would indicate to a reasonable finder of fact that imposing the waterless toilets requirement was an arbitrary or capricious action. No evidence had been presented by the petitioners on the environmen- tal impact of using standard plumbing, and since the Pinelands Cam- missJan's action is presumed reasonable, there had been a failure to overcome this presumption which might have required the agency to defend its action. The judge rejected petitioner's argument that the State was estopped from imposing the condition based on letters to the petitioner from the Department of Environmental Protection in 1978 indicating that his property was not in the Pinelands protected area. The judge noted that such boundaries were as that time tentative and there was nothing to prevent the State from restructuring those boundaries. Accordingly, the judge determined that the condition should remain in force. Upon review, this decision was adopted by the Pinelands Com- mission. Arthur Schwartz, petitioner, pro se Anne R. Simonoff, Deputy Attorney General, for respondent (Irwin I. Kimmelman, Attorney General of New Jersey, attorney) Initial Decision