Board allows finished garage space and a limited toilet/sink with deed restriction

Hopatcong's Land Use Board approved a modification to a prior condition on Monday allowing a detached garage's finished upper floor to remain in place and permitting a single toilet and sink for the owner's personal use, subject to express deed restrictions barring any separate habitation, kitchen, shower facilities or rental use.

Applicant Anise Hamid Erfanian told the board he and his wife acquired the property in 2019 and that the garage's second-floor space arrived finished; he said he did not intend to add plumbing beyond a toilet and sink. "I don't have any intentions of putting plumbing in there," he said, adding he would accept deed restrictions limiting use to personal, noncommercial purposes.

Neighbor Richard Reichert, who lives nearby, expressed concern about prior work on the lot and the possibility of future conversions to rental units, noting the garage's robust construction. "This garage is built ... The upstairs floor is solid concrete," he said, urging caution and monitoring.

The board's approval was conditioned on deed language that will be recorded to restrict the space to owner-occupant use, permit only a toilet and sink (no shower or kitchen), and forbid short-term rental or independent habitation. Members said the deed restriction gives the town an enforceable tool if future conversions are attempted.

Next steps: Applicant agreed to record the deed restriction language and proceed with any minor building permits required for the limited plumbing work; zoning staff will monitor compliance.