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8 N.J.A.R. 529

Pinelands Commission; Hanoverland Industries v
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Citation: 8 N.J.A.R. 529
Decision Date: 1985
Synopsis: Hanovefiand Industries sought approval from the Pinelands Com- mission for the development of a roadside produce stand to be located within the preservation area district established by the Pinelands Com- prehensive Management Plan. The administrative law judge assigned to the case found that under the plan, a certified land use ordinance permitted the existence of such roadside stands as an accessory and temporary use, if the stand sold farm products grown or raised on the premises by the farm's owner. In this instance, the judge found that there had been no credible evidence presented that the applicant had any intention to engage in any agricultural production on the grounds near or attached to the site of the proposed farm stand. Nor did the judge conclude that the applicant qualified for a waiver of strict compliance under N.J.A.C. 7:50-4.55(a)1 since the applicant failed to present any evidence on the reasonable rate of return from the land or on its unique or unusual nature. Accordingly, the judge ordered that the application be denied. Upon review, this initial decision was adopted by the Pinelands Commision. Robert J. Vessio, for petitioner Anne R. Simonoff, Deputy Attorney General, for respondent (Irwin I. Kimmelman, Attorney General of New Jersey, attorney) Initial Decision
Rule(s) Cited: 7:50-1 et seq. 7:50-4.55 7:50-5.22(a)