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13 N.J.A.R. 817

Pinelands Commission; Nathanson, Nathan v
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Citation: 13 N.J.A.R. 817
Decision Date: 1991
Agency: PINELANDS COMMISSION
Synopsis: Petitioner applied for a waiver of strict compliance from the minimum lot size requirements of the Pinelands Comprehensive Management Plan in order to constuct a single family dwelling on a vacant parcel of land. The Pinelands Commission staff recom- mended that the waiver be denied. The applicant contested this recom- mendation and the matter was transmitted to the Office of Adminis- trative Law for a hearing. The administrative law judge concluded that petitioner did not demonstrate that the land did not have beneficial use without the waiver. Petitioner previously owned a contiguous lot but sold it, knowing that the remaining parcel was below the minimum lot size for development. In addition, another adjacent lot is available for purchase. The judge rejected as speculation petitioner's argument that if the lot remained undeveloped, it might be used for illegal garbage dumping. The application for waiver was denied. Upon review, this initial decision was adopted by the Pinelands Commission. The Commission also noted that accepting petitioner's argument regarding potential dumping would result in all vacant lots in the Pinelands being developed. This would be contrary to the goals and objectives of the Pinelands Protection Act. Nathan Nathanson, petitioner, pro se Mark Oshinskie, Deputy Attorney General, for respondent (Robert J. DelTufo, Attorney General of New Jersey, attorney)