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Board approves finished attic as storage at 93 Troy Meadow Road with deed restriction

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Summary

The Parsippany-Troy Hills Board of Adjustment granted a variance to legalize a finished attic as storage at 93 Troy Meadow Road (Application 24:59) on April 23, 2025, conditioned on a deed restriction limiting the space to non-habitable storage and no installation of HVAC or plumbing.

The Parsippany-Troy Hills Board of Adjustment on April 23 approved a variance to legalize a finished attic as a storage-only area at 93 Troy Meadow Road (Application 24:59), with the applicant agreeing to a deed restriction and a representation that no heating, air-conditioning or plumbing will be installed in the space.

The board's approval allows the applicant to finish an existing third-floor attic that the board said counts as a third floor under township ordinance section 430-35; the owner and their attorney told the board the space will be used solely for storage of clothing and personal items. Joseph O'Neil, attorney for the applicants, told the board, "we're willing to agree to a restriction that it only be for storage." The applicant confirmed there is "no currently no heating and air conditioning in the attic," a representation the board relied on in granting the variance.

Board members and professionals said the finished attic converts the space into a third floor under the township code; the applicant offered a deed restriction limiting use to storage and pledged not to install HVAC or plumbing. Board planner and engineer questions established the attic has a permanent stairwell that was included in the 2019 zoning permit and that the space is presently finished (no plumbing, HVAC limited to a light fixture and mechanical access hatch). The applicant described the space as intended for hanging dresses, shoes and similar personal items rather than habitation.

The board framed a resolution to grant the variance for a finished attic limited to storage and to condition approval on a deed restriction and the applicant's representation that no heating, cooling or plumbing will be added. A roll-call vote recorded affirmatives from Berkowitz, DeCroce, Muscarella, Petty, Quinn, Reddy, Willans and Chairwoman Gragnani; the motion passed.

The board clerk said a formal written resolution will be issued at a subsequent meeting; the deed restriction and the applicant's representation will be recorded as conditions of approval.