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Tuesday, July 19, 2011

Nuckel v. Borough of Little Ferry Planning Board (A-3/4-10; 066096) 6-16-11

6-16-11 Nuckel v. Borough of Little Ferry Planning Board (A-3/4-10; 066096)

A (d)(1) variance under N.J.S.A. 40:55D-70 is required because the proposed driveway constitutes a second principal use, which is prohibited by the zoning ordinance. Because the proposed driveway will reduce the buffers between the nonconforming use and a conforming use, a (d)(2) variance will also be necessary unless the planning board determines that the intensification of the nonconformity is insubstantial.