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NUCKEL v. LITTLE FERRY PLANNING BD.

No. A-3/4 September Term 2010 066096.

26 A.3d 418 (2011)

208 N.J. 95

Donald NUCKEL; North Village I, L.L.C.; and North Village II, L.L.C., Plaintiffs-Appellants and Cross-Respondents, v. BOROUGH OF LITTLE FERRY PLANNING BOARD, Defendant-Cross-Respondent, The General's Group, L.L.C. and FTA Realty, L.P., Defendants-Respondents and Cross-Appellants.

Supreme Court of New Jersey.

Decided June 16, 2011.

Attorney(s) appearing for the Case

John J. Lamb, argued the cause for appellants and cross-respondents (Beattie Padovano, attorneys; Mr. Lamb, Ira E. Weiner, and Daniel L. Steinhagen, Montvale, on the briefs).

Andrew T. Fede, Hackensack, argued the cause for respondents and cross-appellants (Herten, Burstein, Sheridan, Cevasco, Bottinelli, Litt & Harz, attorneys).

Brian T. Giblin, Oradell, argued the cause for cross-respondent (Giblin & Giblin, attorneys).

Justice LONG delivered the opinion of the Court.

The primary issue on this 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 the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 to -163, specifically N.J.S.A. 40:55D-70(d)(1) and (2). Because the proposed driveway is not an accessory use under the relevant zoning...

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