"If I were only a resident I would be in support of this application," zoning board Vice Chairman Scott Wild said on Sept. 2. "But in 2024 our elected governing board, our town council voted to not permit rooftop dining."
That quote explains why Morristown has so few rooftop seats. The town has plenty of restaurants. It also has a rule that lets a rooftop exist only when it stays small enough to count as an extra feature of the restaurant underneath it. The two rooftops you can book in town both meet that test. The third, a proposed restaurant at 133 South St., is still waiting for a decision.
The Two Rooftops That Fit the Rule
When the town council passed its 2024 land-use ordinance, the stated goals were to limit excessive noise, protect quality of life in residential neighborhoods and rein in what Morristown Green described as a "supersaturated night life." The ordinance made two exceptions. Stirling Tavern on South Street and TOWN bar + kitchen on Elm Street kept their rooftops because the spaces are small enough to count as accessory uses, and their size keeps crowds manageable.
Those two places cover most of what a resident can do outdoors and upstairs right now.
TOWN bar + kitchen at 80 Elm St. has two floors, each with its own bar. The restaurant describes its rooftop as "one of Morristown's only rooftop dining spaces," and the rooftop has a fireplace, which helps in October.
Stirling Tavern at 150 South St. lists its rooftop among its event spaces along with two bars and several dining areas. It offers partial and full buyouts. Happy hour runs Monday through Friday from 3 to 6. When Stirling got approval for its small upstairs dining terrace, part of the reasoning was that it doesn't sit near any homes.
The town reached that standard after more than a decade of turning down larger rooftop proposals.
A Short History of Rooftop Requests That Didn't Get Built
Several bigger rooftop ideas came before the 2024 ordinance:
- 2012. The Walsh family proposed a retractable roof and a bowling alley for The Homestead on DeHart Street. The proposal failed.
- Iron Bar. The late Jimmy Cavanaugh pushed for rooftop dining at his Iron Bar. The town blocked it over noise concerns.
- Stirling Tavern. Stirling won approval for a small upstairs terrace away from homes, and that kind of project became the model for what the town allows.
- 2024. The council's ordinance put the small-and-accessory standard into law and kept the two existing exceptions.
The family behind the 2012 bowling-alley proposal is the same family asking for a rooftop now.
Sofia's Asks for a Different Kind of Rooftop
Sofia's Table and Terrace would turn the former Capital One bank at 133 South St. into a seasonal rooftop restaurant. The Walsh family would run it. Their restaurants already include The Homestead, Tashmoo and The Dark Horse on DeHart Street, plus The Horseshoe Tavern on Speedwell Avenue. Eric Heinel, a restaurateur and certified sommelier who calls himself a "partial investor and managing partner of operations," would handle daily operations. Members of the Walsh family went before the town council in October 2025 to seek approval for a liquor license transfer, and the zoning application first came before the board in January.
The two approved rooftops are extras on top of restaurants that would work without them. At Sofia's, the rooftop is the whole concept, and the board's discussion focused on that difference. "I have a hard time explaining this rooftop feature as an accessory," Board Chairman James Bednarz said. Wild said the applicant's planner showed that the restaurant would be a good fit for the town. Wild said he agreed. He also said the planner didn't speak to the tests the land-use law requires, which concern new and emerging trends and changes in the character of the neighborhood.
| TOWN bar + kitchen | Stirling Tavern | Sofia's Table and Terrace | |
|---|---|---|---|
| Address | 80 Elm St. | 150 South St. | 133 South St. |
| Status | Open | Open | Proposed, vote pending |
| How the rooftop is treated | Accessory exception in 2024 ordinance | Accessory exception in 2024 ordinance | Board chair doubts it qualifies as accessory |
| Distinguishing detail | Rooftop fireplace, two floors with two bars | Small terrace approved partly because it isn't near homes | Homes behind the site and newer homes across the street |
Parking: 61 Spaces Versus a Gap of 119
The applicant made changes ahead of the September hearing. It cut 10 outdoor tables, or 40 seats, which raised on-site parking from 59 to 61 spaces and made room for EV charging. The original plan called for 88 seats, and the patio was made smaller. According to Bednarz, the plan is still 119 spaces short. The overflow would fall on residential streets, lots and garages.
The key dispute is how much parking is nearby. Traffic engineer Jeff Peregoy of Dynamic Traffic testified in August that about 1,500 spaces sit within a quarter mile of the site. Connor Hughes, another traffic engineer from the same firm, disputed that count. He said it included garages that aren't directly accessible and put the real number closer to 800. The Morristown Parking Authority measured the quarter mile as walking distance, and its estimate was closer to 800.
Bednarz also said the applicant's planner hadn't addressed the homes behind the property or the newer homes across the street. Stirling's terrace was approved partly because it sits away from homes, and the board's concern at 133 South St. is the opposite. The applicant has promised to move patrons indoors by 11 p.m.
People who spoke at the hearing supported the project. Melissa Brennan, a Morristown mom who said she belongs to a moms' group, told the board, "I feel like the space has not been utilized to the best of its ability in years." Steve Thompson, a resident for six years, said a restaurant like this "would have good foot traffic and outdoor seating." Project attorney Lawrence Calli pointed out that no one spoke against the project.
Where the Vote Stands
The board didn't vote on Sept. 2. On its attorney's advice, it directed that two resolutions be drafted, one approving the project and one denying it. Calli objected to the delay. "My client is a contract purchaser and we need finality," he said.
There hasn't been a decision since. The Board of Adjustment cancelled its Sept. 16 and Oct. 7 meetings. The town's calendar lists Oct. 21 as the next scheduled meeting. Check the town's posted agenda that week, because a meeting date doesn't guarantee that Sofia's will be on it.
South Street Is Already Under Construction
Sofia's would join a stretch of South Street that is already changing. At the same Sept. 2 meeting, the board unanimously approved revisions to the Mayo Performing Arts Center's $65 million expansion and restoration. The project adds the Ilene and Bruce Jacobs Arts & Education Center, a 31,000-square-foot addition behind the theater with seven studios, the Jacobs Performing Arts School and a flexible 150-seat rehearsal and performance space that could eventually host public events. It also includes an overhaul of the 1,300-seat theater. The work is expected to take 18 to 24 months.
The theater is still open. MPAC's October calendar includes these shows:
- Oct. 9: Malcolm Gladwell's keynote for the Morristown Festival of Books
- Oct. 16–17: The Music Man
- Oct. 21: Toad the Wet Sprocket's acoustic tour, the same night the zoning board is scheduled to meet
- Oct. 31: The Rocky Horror Picture Show with the Cosmic Light Cabaret shadowcast
MPAC's project FAQ says the effect on the performance schedule hadn't been determined, and it says the lot on the project site is for staff, not show patrons. In May, MPAC's CEO told NJArts that the main building would probably need to close for a couple of months in summer 2027. No dates have been set. For select shows, MPAC still directs patrons to its Presbyterian Church and Verizon lots, along with municipal lots and garages. That means Sofia's diners would be looking for the same nearby spaces the board measured.
For now, an evening on a Morristown rooftop means TOWN's fireplace on Elm Street or Stirling's terrace on South Street. The board's next scheduled chance to decide whether the former Capital One building becomes a third option is Oct. 21.
Changes on South Street, from a theater expansion to a possible new restaurant, can affect how buyers see the homes nearby. If you live near the Green and want to know how that might play into your home's value, The Tucker Team can walk you through what's happening on your block. Get Your Home Valuation.
