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12 N.J.A.R. 84

Pinelands Commission; Forman, Jerry and Elizabeth v
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Citation: 12 N.J.A.R. 84
Decision Date: 1989
Synopsis: Petitioners request a waiver of strict compliance from the require- ments of the Pinelands Comprehensive Management Plan in order to develop a single family dwelling on a lot which they own. The staff of the Pinelands Commission recommended that the request be de- nied. The matter was transmitted to the Office of Administrative Law for a hearing. The administrative law judge assigned to the case found that the lot violated seasonal high water table requirements and would also cause adverse impact on nearby fresh water wetlands. In addition, although their lot was below minimum lot size standards set by the township, petitioners had not made fair market value offers to acquire adjoining lots which were available for purchase. There was also no evidence that the property had no beneficial use. Accordingly, the administrative law judge denied the request for a waiver. Upon review, the Pinelands Commission adopted this initial de- cision. Any hardship which exists is a result of the applicants' failure to offer to purchase additional land from the adjoining property owners. There is no hardship which arises from the unique circum- stances of the subject parcel or which arises out of the characteristics of the parcel. Therefore, petitioners are not eligible for a waiver. Jerry and Elizabeth Forman, pro se Michael Cato, Deputy Attorney General, for respondent (Peter N. Perretti, Jr., Attorney General of New Jersey, attorney) State of New Jersey 85
Rule(s) Cited: 7:50-6.14 7:50-6.84(a)4iv