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12 N.J.A.R. 225

Pinelands Commission; McGee, Daniel v
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Citation: 12 N.J.A.R. 225
Decision Date: 1989
Agency: PINELANDS COMMISSION
Synopsis: Petitioner appealed the Executive Director's recommended denial of his application for a waiver of strict compliance from the minimum lot size requirements of the Pinelands Comprehensive Management Plan in order to build a single family dwelling on his lot in the Pinelands. The matter was transmitted to the Office of Administrative Law for a hearing. Petitioner is 81 years old and lives out of state. He cannot afford to purchase an adjacent Pinelands lot, although there is a neighboring parcel for sale. He claims he cannot sell his lot because it does not meet minimum lot size standards and therefore cannot be developed. The Pinelands Commission urged summary decision because there was no dispute as to any material fact. Also, while extraordinary hardship is a basis for a waiver, the hardship must result from the condition of the property itself, not the owner's personal circum- stances. The administrative law judge assigned to the case granted the request for summary decision in favor of the Commission. The judge noted that inability to acquire additional land because of personal circumstances has been excluded by rule as a basis for finding ex- traordinary hardship. An adjacent lot is available and, therefore, petitioner's lot could have beneficial use. Petitioner's application for a waiver was denied. Upon review, this initial decision was adopted by the Pinelands Commission. Rev. Daniel McGee, pro se John A. Covlna, Deputy Attorney General, for respondent (Peter N. Perretti, Jr., Attorney General of New Jersey, attorney)
Rule(s) Cited: 1:1-12.5 7:50-4.66 7:50-5.27 7:50-6.84(a)4iii