SYLLABUS

(This syllabus is not part of the opinion of the Court. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor approved by the Supreme Court. Please note that, in the interests of brevity, portions of any opinion may not have been summarized).

Donald Nuckel v. Borough of Little Ferry Planning Bd. (A-3/4-10)(066096)

Argued January 5, 2011 -- Decided June 16, 2011

LONG, J., writing for a unanimous Court.

The issue on appeal is whether a developer who proposes to place a driveway on an undersized lot that houses a nonconforming use, to service a hotel on an adjacent lot, is required to obtain variances under N.J.S.A. 40:55D-70(d)(1) and (2) of the Municipal Land Use Law (MLUL).