Conservation Restriction Release Hearing–City of Estell Manor, Atlantic County–Partial Release of Conservation Restriction
Last modified on June 5th, 2024 at 6:01 pm
Requestor: Douglas and Lucille Carman
Restricted Property:
Block 22, Lot 40
City of Estell Manor, Atlantic County
Description of Release Request:
In accordance with the New Jersey Conservation Restriction and Historic Preservation Restriction Act, N.J.S.A. 13:8B-1 et seq., the New Jersey Department of Environmental Protection and the City of Estell Manor have received a request for a partial release of a Deed Restriction for Threatened and Endangered Species. The Deed Restriction was granted to the Department and the City in 2007 by Joseph L. Reale, II, predecessor in title to the current owners, Douglas and Lucille Carman. The Deed Restriction was required to be conveyed to the Department and the City as a condition of the approval by the Pinelands Commission of the development of a single family dwelling on Block 22, Lot 40, a 4.9-acre lot in the City of Estell Manor, Atlantic County (the Property). (Pinelands Application #2006-0275.001) Under the 2007 Deed Restriction, 3.938 acres of the Property were restricted from future development, including tree clearing.
As a result of enforcement action taken by the Pinelands Commission to address unauthorized tree clearing on a portion of the Property covered by the Deed Restriction and the adjacent property (Block 22, Lot 39), the Carmans have now requested that the Department and the City release the area of unauthorized clearing from the Deed Restriction on Block 22, Lot 40. As mitigation for this request, the Carmans will deed restrict four acres of Block 22, Lot 39 and implement a replanting plan approved by the Pinelands Commission on Block 22, Lot 40.
The lifting of the Deed Restriction from a portion of the Property constitutes a “release” of those restrictions under the Conservation Restriction Act. Under N.J.S.A. 13:8B-5, as the holders of the Conservation Restriction, the Department and the City are required to conduct a public hearing on the proposed partial release of the original 2007 Deed Restriction prior to making a final determination on this request.
Under N.J.S.A. 13:8B-6, the approval of the Commissioner of Environmental Protection is also required for the proposed partial release.
Related Documents:
April 24, 2007 Deed of Conservation Restriction
Letters Issued by the Pinelands Commission to the Carmans (August 2023 through February 2024)
Hearing Date/Time: June 5, 2024 at 6:00 PM
Hearing Location: This hearing will be held online.
Hearing Information:
The public hearing will be conducted remotely and broadcast live on the Pinelands Commission’s YouTube channel.
To view the hearing live, please visit: https://www.youtube.com/live/5BkPElTVmiQ?feature=shared
To provide public comment during the hearing, please call (929) 205-6099 and use Meeting ID 849 3628 2478
Public Comments Accepted Through: June 19, 2024
The Department invites the public to attend the public hearing and present comments on the requested release. Written comments on the proposed release may also be submitted by June 19, 2024 to:
New Jersey Department of Environmental Protection
Office of Transactions and Public Land Administration
Public Land Compliance Section
PO Box 420
Mail Code: 401-07
Trenton, New Jersey 08625
Email: PublicLandCompliance@njdepwptest.net
and
Lisa Marcolongo, Administrator/City Clerk
148 Cumberland Avenue
Estell Manor, NJ 08319
Email: cityclerk@estellmanor.org
Emailed comments are preferred. Please put “CRR0109001 Carman Pinelands” in the subject line of your email.