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12 N.J.A.R. 438

Pinelands Commission; Lefevre, Roger and Karen v
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Citation: 12 N.J.A.R. 438
Decision Date: 1989
Agency: PINELANDS COMMISSION
Synopsis: Respondent recommended denial of petitioners' application for a waiver of strict compliance from the minimum lot size requirement for development of their lot in the Pinelands. Petitioners requested a hearing and the matter was transmitted to the Office of Adminis- trative Law. The administrative law judge assigned to the case concluded that petitioners had not shown they were entitled to a waiver. Their land has beneficial use because the Department of Environmental Protec- tion, through the Green Acres Program, has offered to purchase the lot at fair market value. The judge found that the method used by the Green Acres Program to evaluate the property was reasonable. The fact that petitioners have the right to construct a home on the lot because of the grandfather clause, N.J..,t. C. 7:50-5.3 l(a), does not affect the sale value of the property because the construction rights cannot be transferred to a third party purchaser. Upon review, this initial decision was adopted by the Pinelands Commission. Roger LeFevre, petitioner, pro se Paul H. Schneider, Deputy Attorney General, for the respondent (Peter N. Perretti, Jr., Attorney General of New Jersey, attorney)
Rule(s) Cited: 7:50-5.31(a)