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12 N.J.A.R. 77

Pinelands Commission; Aronson, Nathan v
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Citation: 12 N.J.A.R. 77
Decision Date: 1989
Agency: PINELANDS COMMISSION
Synopsis: Petitioner appealed the recommendation of the executive director of the Pinelands Commission that his request for a waiver of strict compliance with the Pinelands Comprehensive Management Plan be denied. Petitioner requested a waiver from minimum lot size and overall density requirements in order to build a single family dwelling. The matter was transmitted to the Office of Administrative Law for a hearing. The administrative law judge assigned to the case found that petitioner did not establish grounds for a waiver. The applicant failed to show either that he will acquire sufficient land to meet the minimum lot size requirements or that there is not additional land reasonably available. He also failed to demonstrate extraordinary hardship or lack of beneficial use. Finally, the administrative law judge rejected petitioner's argument that the State must pay him for his land because the State has in effect taken his land through Pinelands Commission regulations. The petition for a waiver was dismissed. Upon review, this initial decision was adopted by the Pinelands Commission. Nathan Aronson, petitioner, pro se John A. Covino, Deputy Attorney General, for respondent (W. Cary Edwards, Attorney General of New Jersey, attorney)
Rule(s) Cited: 7:50-4.66 7:50-6.6 7:50-6.14 7:50-6.84(a)4iv