On the evening of Sept. 2, the Morristown zoning board's podium was busy. Mostly young adults lined up at the microphone to back a rooftop restaurant planned for the former Capital One Bank at 133 South St. One speaker said the space "has not been utilized to the best of its ability in years," according to Morristown Green's account of the hearing.
Board Vice Chairman Scott Wild then explained why that support wasn't enough. "If I were only a resident I would be in support of this application," he said. "But in 2024 our elected governing board, our town council voted to not permit rooftop dining." Those two sentences explain why downtown Morristown has so few rooftop tables. Demand has never been the obstacle. The town wrote rooftop dining out of its code on purpose. A new rooftop has to be small enough to count as an exception or else convince the zoning board to grant relief, and it has to find parking in a downtown built on public garages. The vote on Sofia's Table and Terrace was pushed to November, and it will test both of those hurdles.
The Ban Is Already in the Code
Morristown's land-use code lists the uses the Town Council has judged incompatible with its zone plan. Most are what you'd expect, such as drive-throughs, gas stations and slaughtering businesses. Item k on that list is "Commercial rooftop decks containing bars, nightclubs, and/or liquor-licensed restaurants." Section 30-215.1 of the town code traces that line to a 2018 ordinance, amended in August 2023. Morristown Green calls the council's rooftop restriction a 2024 land-use ordinance. It says the measure was written to limit noise, protect quality of life in residential neighborhoods and rein in a "supersaturated night life."
The code treats private rooftop decks differently. Article 3E sets rules for decks built for a building's own occupants, not the general public. Those decks can cover no more than 20% of the roof area. Some can't be used between 11 p.m. and 6 a.m., must be set back at least 10 feet from all facades and can't have a sound system. So a condo owner's deck can be approved under set limits. For Sofia's, Morristown Green reported in August that the rooftop and the parking shortfall would need what are known as D variances from the zoning board.
The ban followed a long run of failed attempts:
Year | Proposal | Outcome |
|---|---|---|
2012 | Retractable roof and bowling alley at The Homestead, DeHart Street | |
Earlier years | Rooftop dining at the Iron Bar | Blocked by the town over noise concerns |
Earlier years | Small upstairs dining terrace at Stirling Tavern, South Street | Approved |
2024 | Retractable roof for a restaurant replacing a South Street podiatry business | Denied after several revisions |
2026 | Sofia's Table and Terrace, 133 South St. | Vote pending |
The Walsh family, which runs The Homestead, Tashmoo and The Horseshoe Tavern on Speedwell Avenue, was behind the 2012 and 2024 attempts, and it's behind Sofia's.
How Two Rooftops Got Approved
If you've eaten on a Morristown rooftop, you've almost certainly done it at one of two places. Morristown Green reports that the council's restriction made exceptions for Stirling Tavern on South Street and Town Bar + Kitchen on Elm Street. Both rooftop spaces were treated as accessories, small enough to have "built-in crowd control." Stirling's terrace was also judged far enough from homes to be considered differently.
Each venue describes its rooftop as one part of a larger restaurant. Stirling Tavern lists its rooftop among several private-event spaces. Town Bar + Kitchen describes a two-floor restaurant with rooftop dining and a fireplace. In both cases the rooftop supports a restaurant that operates downstairs, and that's what being an "accessory" means here. The board's question about Sofia's is whether its rooftop fits that description.
Why Sofia's Isn't Accessory-Sized
Sofia's was introduced in early 2026 and is now close to its 10th month of hearings. The building at 133 South St. dates to the 1940s, when it was an automotive dealership. Eric Heinel, owner of New Providence Bar and Kitchen and a certified sommelier, would run day-to-day operations as managing partner. The site plan Morristown Green described in August called for:
- A 3,000-square-foot, multi-story building with room for 247 patrons
- 88 seasonal outdoor seats
- An indoor capacity of 136 once cooler weather arrives
- Moving guests inside at 11 p.m., with no outdoor entertainment
At 88 seats, the outdoor area is a main part of the restaurant, not a small add-on like the terraces at Stirling and Town Bar. The terrace is also in the name. Board Chairman James Bednarz said at the September hearing, according to Morristown Green, "I have a hard time explaining this rooftop feature as an accessory." He added that the applicant's planner "failed to address the residences behind the property and the newer residences across the street." The site is right next to an apartment building with the Cottage II Chinese restaurant on its ground floor.
As Morristown Green reported, Wild said that overriding the council's vote meant passing "certain tests," two of which concern new and emerging trends and changes in the neighborhood's character. He said the applicant's planner never made that argument and instead presented "why this was a generally desirable restaurant for this town." In Wild's view, showing that people want the restaurant doesn't answer the questions the board has to decide.
Parking: The Same Plan, Three Different Counts
The board's other concern is parking, and the numbers depend on who did the counting.
The South Street site has on-site parking, which is unusual downtown. In August the plan showed 66 spaces, while the town's formula, based on square footage and patrons, required 139. By September the applicant had cut 10 outdoor tables, or 40 seats, and shrunk the patio. That moved the plan from 59 spaces to 61, with room for EV parking. Bednarz said the plan still came up 119 spaces short.
The applicant's answer was the public parking nearby, and the estimates of how much there is vary widely. A Dynamic Traffic engineer for the applicant testified that there are 1,500 spaces within a quarter mile. Connor Hughes, another traffic engineer, said the real number is closer to 800, because the first count included garages that aren't directly accessible. His figure is closer to the Morristown Parking Authority's estimate, which measured a quarter mile by walking distance.
That gap matters because Morristown's whole downtown depends on public garages. Town Planner Phil Abramson put it this way at the August hearing, as Morristown Green reported: "Part of Morristown's charm and character is protected because of a lack of parking lots. Public parking was the solution and the reason why Morristown remains historic." Board members also pointed to the Mayo Performing Arts Center, which handles its crowds with a shuttle and off-site parking, and asked for a parking management plan that could be updated over time. Abramson also raised South Street traffic. He asked what would happen if the restaurant drew diners "from all over the state" onto a stretch that "can get very congested."
What the November Vote Decides
On Sept. 2 the board didn't vote. On the advice of its attorney, David Brady, it asked for two draft resolutions, one approving Sofia's and one denying it, so members would have time to review months of testimony. According to Morristown Green's report on the Oct. 21 meeting, the agenda included a final vote. That meeting instead spent hours on a mixed-use plan for 75-81 Ridgedale Ave., and Sofia's moved to November along with the Peck School's demolition-permit appeal and more testimony on the Mayo Performing Arts Center expansion.
If the board approves Sofia's, a long-vacant building on South Street becomes a restaurant with outdoor seating on the roof. It would also be a rooftop the board approved even though its own chairman said it was hard to call an accessory. If the board denies it, Stirling Tavern and Town Bar + Kitchen stay as they are, the only two rooftops in town, and the 2012 and 2024 denials gain one more example. Either way, the next rooftop applicant will be held to whatever standard the board writes into this resolution.
This post is general information about local zoning, not legal advice. Property and business owners should confirm what applies to their own building with the right professional.
If you're thinking about how a block like South Street may change, and what that could mean for a home nearby, DeFazio Flanagan Team follows these hearings closely. Connect with Margy & Denise for a personalized valuation and neighborhood consultation.
