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8 N.J.A.R. 317

Pinelands Commission, New Jersey; Pfeiffer, Helene v
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Citation: 8 N.J.A.R. 317
Decision Date: 1985
Agency: PINELANDS COMMISSION
Synopsis: Petitioner appealed from a denial of a waiver of strict compliance from certain sections of the Pinelands Commission Comprehensive Management Plan. In reviewing a motion to dismiss, the administrative law judge found that the property in question was .97 acre in size, was located in an agricultural production area and that while well and septic permits for development on the parcel had been secured in 1977, they expired in 1978. The judge determined that for petitioner to qualify for a waiver she must meet the requirements of N.J.A.C. 7:50-4.55(a)1 which provides that the particular physical surroundings, shape or topographical conditions of the specific property involved would re- sult in extraordinary hardship, rather than mere inconvenience if the Plan were literally enforced. The need to acquire additional land would not be considered a hardship unless there is no adjacent land immediately available. In this instance, the property failed to meet that criterion since there was a vacant adjacent lot. Nor could the property be considered unique since petitioner had failed to show that other properties in the area were not similarly situated. In addition, since applicant wished to develop one vacant lot which was part of a subdivision, it was the developer's costs and revenues which must be examined in order to determine whether the applicant could gain a reasonable rate of return and petitioner had submitted no evidence on that point. Accordingly, the waiver of strict compliance was denied. Upon review, this initial decision was adopted by the Pinelands Commission. Herbert O. Brock, Jr.,'Esq., for petitioner (Morris & Brock, attorneys) Debbie J. Thompson, Deputy Attorney General, for respondent (Irwin I. Kimmelman, Attorney General of New Jersey, attorney) Initial Decision
Rule(s) Cited: 7:50-4.55 
Citation Tracker adopted-Pinelands Commission; affirmed -App. Div., A-573-85, 6/3/86 (unreported) [Updated through 1991]