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13 N.J.A.R. 825

Pinelands Commission; Macomber, Rita v
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Citation: 13 N.J.A.R. 825
Decision Date: 1991
Synopsis: Petitioner applied for a waiver of strict compliance from the requirements of the Pinelands Comprehensive Management Plan in order to construct a single family dwelling on a 14,362 square foot parcel of land in a rural development area. The Executive Director of the Pinelands Commission recommended that the waiver bc granted with conditions. The Commission could not reach a consensus and referred the matter to the Office of Administrative Law for a hearing. The administrative law judge assigned to the case found that petitioner had established extraordinary hardship because she cannot purchase adjacent land. The development of a single family dwelling on this parcel would not result in substantial impairment of the Pinelands, since most other parcels in the area have already bccn developed. Finally, the recommended conditions, including the use of an alternate design septic system, would minimize any impact on the resources of the Pinelands. Accordingly, the judge concluded that the waiver should bc granted with the recommended conditions. Upon review, this initial decision was adopted by the Pinelands Commission. Petitioner was granted a waiver provided the dwelling used an alternate septic system designed so that the average concentra- tion of nitrate-nitrogen in the ground water at petitioner's property line would not exceed 10 ppm. If a RUCK system was used, petitioner was required to participate in a monitoring program. Other conditions included dry wells to contain storm water run-off, a permeable driveway and sufficient fill in the area of the septic system. Rick A. Futerfas, Esq., on behalf of petitioner (DeMarco & DeStefano, attorneys) Gary J. Brower, Deputy Attorney General, on behalf of respondent (Robert J. DelTufo, Attorney General of New Jersey, attorney)
Rule(s) Cited: 7:50-5.26 7:50-6.14 7:50-6.84(a)4iii 7:50-6.84(a)4iv