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10 N.J.A.R. 63

Pinelands Commission; Lavecchia, Vincent and Thelma v
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Citation: 10 N.J.A.R. 63
Decision Date: 1987
Agency: PINELANDS COMMISSION
Synopsis: Petitioners' application for the development of a single family dwelling had been denied by the Pinelands Commission since their lot did not meet the minimum size requirement of 70 acres for develop- ment in a forest area as established by a local land use ordinance. In addition, the seasonal high water table on petitioners' property was found not to meet the reqirements of N.J.A.C. 7:50-6.84(a)2ii and the proposed development would have an adverse impact on adjoining fresh water wetlands. After this denial, petitioners requested a hearing. The administrative law judge assigned to the case determined that in order to develop the property, petitioners would have to meet the requirements for a waiver of strict compliance pursuant to N.J.A.C. 7:50-4.66(a)1. The judge concluded that petitioners had failed to meet the requirements for a waiver since there was vacant land adjacent to petitioner's property and they had offered no information to prove that they could not either purchase additional land or sell their prop- erty. Nor had petitioners shown that their property was incapable of yielding a reasonable rate of return, if utilized for permitted uses. Accordingly, the administrative law judge granted a motion for summary judgment against petitioner and ordered that the matter be dismissed. Upon review, this initial decision was adopted by the Pinelands Commission. Vincent Lavecchia, petitioner, pro se Kenneth W. EIwell, Deputy Attorney General, for respondent (W. Cary Edwards, Attorney General of New Jersey, attorney)
Rule(s) Cited: 7:50-4.66(a) 1 7:50-6.84(a)2ii