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12 N.J.A.R. 448

Wdowiarz, Edward and Grace v. Pinelands Commission
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Citation: 12 N.J.A.R. 448
Decision Date: 1990
Agency: PINELANDS COMMISSION
Synopsis: Staff of the Pinelands Commission recommended denial of peti- tioners' application for a waiver of strict compliance from minimum lot size and overall density requirements in order to de0elop a single family dwelling on their lot in the Pinelands. The matter was trans- mitted to the Office of Administrative Law for a hearing. The administrative law judge assigned to the case found that an adjacent lot was available to be purchased but that petitioners refused to buy the land because of lack of funds. Since financial inability to buy an adjacent lot is not an extraordinary hardship as defined by the waiver rule, N.J.A.C. 7:50-4.66(a), petitioner is not entitled to a waiver. Upon review, this initial decision was adopted by the Pinelands Commission. The Commission noted that there is no hardship that arises out of the characteristics of petitioners' lot. The only hardship that exists is the result of petitioners' refusal to attempt to buy the available adjacent lot. Petitioners' application for a waiver was denied. Edward and Grace Wdowiarz, petitioners, pro se Robert G. Hoyt, Deputy Attorney General, for respondent (Peter N. Perretti, Jr., Attorney General of New Jersey, attorney)
Rule(s) Cited: 7:50-4.66 7:50-4.66(a) 1 7:50-5.26