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12 N.J.A.R. 67

Pinelands Commission; Allgeyer, Steven v
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Citation: 12 N.J.A.R. 67
Decision Date: 1989
Agency: PINELANDS COMMISSION
Synopsis: Petitioner applied to the Pinelands Commission for a waiver of strict compliance from the requirements of the Pinelands Com- prehensive Management Plan in order to build a single family dwelling on a lot that did not meet the minimum lot size provisions of N.J.A.C. 7:50-5.26. The assistant director of the Pinelands Commission rec- ommended that the application be denied. The matter was transmitted to the Office of Administrative Law for a hearing. The administrative law judge assigned to the case granted respon- dent's motion for summary decision. Because petitioner did not dem- onstrate the existence of an extraordinary hardship arising from the unique circumstances and character of his property, he was not enti- tled to a waiver. Petitioner's lot did not meet the minimum lot size requirements of the Pinelands law. His desire to build a home on his property is subject to reasonable regulation by the State to protect and preserve the Pinelands. Upon review, this initial decision was modified by the Pinelands Commission. The denial of the application for a waiver was affirmed, but the Commission rejected the administrative law judge's implica- tion that petitioner would not have been required to obtain an adja- cent lot in order to qualify for a waiver if the adjacent lot had been available. N.J.A.C. 7:50-4.66 requires that all reasonably available adjacent land be acquired in order to minimize the extent to which the proposed development necessitates a waiver, even if acquisition of such land would not make the lot large enough to satisfy lot size standards. Steven A!!geyer, petitioner, pro se Lynne E. Byrnes, Deputy Attorney General, for respondent (Peter N. Perretti, Jr., Attorney General of New Jersey, attorney)
Rule(s) Cited: 7:50-4.66 7:50-5.26