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1 N.J.A.R. 273

Pinelands Commission; Brenner, Harry v
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Citation: 1 N.J.A.R. 273
Decision Date: 1979
Synopsis: Petitioner requested de novo consideration of his application to construct a single family residence on land located in a portion of the Pinelands designated as the Protection Area after a denial of that application by the Pinelands Review Board. The administrative law judge noted that approval of construction may be granted if there is a finding of extraordinary hardship to the petitioner and no substantial impairment to the natural resources of the Pinelands. Although the petitioner was found to be in poor health due to a heart condition and in need of a change of life style and environment, the evidence presented did not demonstrate that he could live only in the Pinelands. In addition, the petitioner failed to present any proofs as to the issue of substantial impairment, even though the burden of persuasion was upon him. A potential for substantial impairment was demonstrated by the agency. Finding that no extraordinary hardship existed and that the possibility of substantial impairment to the environment was present, the application was denied. Harry Brenner, Pro se Mary Jacobson, Deputy Attorney General for Respondent (John J. Degnan, Attorney General of New Jersey, Attorney)