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9 N.J.A.R. 152

Pinelands Commission, Hawker, Paul T. v
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Citation: 9 N.J.A.R. 152
Decision Date: 1986
Agency: PINELANDS COMMISSION
Synopsis: Petitioner sought a waiver of strict compliance from the Pinelands Comprehensive Management Plan pursuant to N.J.A.C. 7:50-4.66(a)I in order to construct a single-family dwelling on a I0,000 square foot parcel of land. The administrative law judge assigned to the case found that the lot in question did not meet the minimum lot size of 17 acres required for development in a forest area. In addition, the judge f6und that the petitioner had failed to qualify for a waiver based upon ex- tradordinary hardship pursuant to N.J.A.C. 7:50-4.66(a)I, since peti- tioner had failed to show that the property in issue was not capable of yielding a reasonable return if used in one of the approved ways. The application was also found to fail based upon petitioners's sale of a contiguous, developed lot, which, when considered in conjunction with the present lot, would have permitted the yield of a reasonable return. Upon review, the initial decision was adopted by the Pinelands Commission. Paul T. Hawker, pro se Priscilla E. Hayes, Deputy Attorney General, for respondent (W. Cary Edwards, Attorney General of New Jersey, attorney)
Rule(s) Cited: 1:1-3.7 7:50-4.66(a) 1 
Citation Tracker rejected-Dept. of Health; affirmed -App. Div., A-213-85, 4/20/87 (unreported) [Updated through 1991]