"If I were only a resident I would be in support of this application," zoning board Vice Chairman Scott Wild said at the Sept. 2 hearing for Sofia's Table and Terrace. "But in 2024 our elected governing board, our town council voted to not permit rooftop dining."
That sentence explains much of why Morristown still has no full rooftop restaurant. The proposal for the former Capital One Bank at 133 South St. has gone through five hearings and gathered public support. It has also changed in response to the board's questions. But the board isn't really deciding whether Sofia's would be a good place to eat. It is deciding whether downtown has changed enough to set aside a ban the town already put in writing.
The Rule Already on the Books
Morristown's land-use code lists "commercial rooftop decks containing bars, nightclubs, and/or liquor-licensed restaurants" as a prohibited use in every zone. Morristown Green describes the restriction as a 2024 council ordinance. The code's own history credits the prohibition to Ordinance O-25-2018, amended Aug. 8, 2023 by Ordinance O-11-2023. Whatever date you go by, the ban is in force. A separate section of the code requires outdoor eating and drinking areas to close by 11 p.m.
According to Morristown Green, the council meant the rule to curb excessive noise, protect quality of life in residential neighborhoods and limit what it called a "supersaturated night life."
Two downtown spots already have rooftop space: Stirling Tavern on South Street and Town Bar + Kitchen on Elm Street. They were allowed because their rooftop areas are small enough to count as accessory features, and the smaller size makes crowds easier to control. Stirling Tavern's upstairs terrace also isn't near any homes, which got it different treatment.
So any rooftop in Morristown has to clear one test first. Either it is small enough to be an accessory, or the applicant has to persuade the zoning board that the council's rule shouldn't apply.
Every Earlier Try Hit the Same Wall
Sofia's is the latest in a run of rooftop proposals downtown, and the earlier ones ended the same way.
- 2012, The Homestead on DeHart Street. The Walsh family proposed a retractable roof and a bowling alley. The proposal failed.
- The Iron Bar. Jimmy Cavanaugh pushed hard for rooftop dining, and the town turned it down over noise.
- 2024, South Street. The Walshes proposed a retractable roof for a new restaurant and bar to replace a podiatry business. The application went through several versions and was denied.
- Stirling Tavern and Town Bar + Kitchen. Both were allowed as accessory features. Stirling Tavern's small upstairs terrace isn't near any homes.
Noise and nearby homes come up in every one of these. The rooftops that got through were small, and Stirling Tavern's has no homes beside it. Sofia's would sit right next to an existing apartment building, with Cottage II, a Chinese restaurant, on the ground floor and a nail salon nearby.
The Building and the Team
The building at 133 South St. dates to the 1940s. Novo Motors ran a car dealership there for 50 years. North Fork Bank moved in after the dealership closed in 2004, and Capital One followed and stayed until 2022. Morristown Partnership Executive Director Jennifer Wehring said the property's history "reflects how downtown Morristown properties have adapted to changing commercial uses over time."
Ken Miller, chairman of the Historic Preservation Commission, said the historic district's description lists the building as "harmonizing." That means it isn't on the register, but it isn't considered intrusive to the district either. He said the commission's main concern would be keeping any renovation in harmony with that block of South Street.
Billy Walsh's family would run the restaurant. It would join their other places: The Homestead and Tashmoo on DeHart Street and The Horseshoe Tavern on Speedwell Avenue. The applicants say the difference this time is Walsh's partnership with Eric Heinel, a restaurateur and certified sommelier who owns Providence Bar & Kitchen. Heinel calls himself a "partial investor and managing partner of operations" and would run the restaurant day to day. He told the board patrons would be moved indoors at 11 p.m. and outdoor entertainment would not be allowed.
What Changed Between Hearings
The site plan calls for a 3,000-square-foot, multi-story building. In warm months it would hold 247 patrons, with outdoor seating on the roof. When the weather cools, everything moves inside, with room for 136. The board asked for a parking management plan in August, and the applicants came back on Sept. 2 with revisions.
| Item | Original plan | Revised Sept. 2, 2026 |
|---|---|---|
| Seasonal outdoor seating | 88 seats | 10 tables cut, 40 fewer patrons |
| On-site parking | 59 spaces | 61 spaces, with room for EVs |
| Patio | Original footprint | Smaller |
| Parking shortfall cited by the board chair | Not stated | 119 spaces |
The revisions cut outdoor seating nearly in half and added two parking spaces. Even so, the gap Board Chairman James Bednarz cited was 119 spaces. He said that shortfall would push cars onto residential streets and into lots and garages nearby.
The Experts Disagree on Nearby Parking
The parking argument depends on how you count spaces near South Street. In August, traffic engineer Jeff Peregoy of Dynamic Traffic testified that 1,500 parking spaces sit within a quarter mile of the property. Connor Hughes, also of Dynamic Traffic, disputed that figure on Sept. 2. He said the original estimate included garages that aren't directly accessible to the site. "The actual number of available parking spaces within a quarter mile is closer to 800," he said.
The Morristown Parking Authority's estimate is closer to 800. It measures the quarter mile as a walk from the restaurant's door, and not as a circle on a map.
Bednarz said the distance wasn't his main concern. In his view, the planner's testimony hadn't addressed the homes behind the property or the newer homes across the street.
"Whether the available parking is within a quarter mile of walking distance of the property, I believe there is a hardship. So, I can not see that this is a good thing for a town."
He also said, "I have a hard time explaining this rooftop feature as an accessory." That puts Sofia's outside the exception Stirling Tavern and Town Bar + Kitchen fit into.
The Case the Board Says It Still Needs to Hear
At the Sept. 2 hearing, a line of mostly young adults spoke in favor of rooftop dining. Melissa Brennan, a Morristown mom, said she and her mom's group thought it was "a wonderful addition to the town," and that "the space has not been utilized to the best of its ability in years." Steve Thompson, who has lived in Morristown for six years, said a restaurant like this "would have good foot traffic and outdoor seating." In closing, project attorney Lawrence Calli pointed to "half a dozen people coming out in support and no dissenters."
Wild's objection was about the legal argument. To get past the council's rule, he said, an applicant has to pass certain tests, and two of them deal with new and emerging trends and with changes in the character of the neighborhood. "That is the argument that I hoped your planner would make and he didn't," Wild said. "He just presented why this was a generally desirable restaurant for this town, and I agree. But that's not what our land use laws speak to, so therefore I can't support it."
That is the core of the case. Sofia's has made a strong argument that it would be a good restaurant. The board says it still needs evidence that the block around 133 South St. has changed since the council acted.
Where Things Stand on Sept. 30
The board didn't vote on the application on Sept. 2. On the advice of its attorney, David Brady, it voted to have two resolutions drafted, one approving the project and one denying it. Brady wanted more time to review months of testimony and to make sure board member Tom Ferrara had caught up on a hearing he missed. Ferrara had read a transcript generated by the AI chatbot Claude. Calli called that objection "kind of hypertechnical" and said Claude's transcript compared well for accuracy with court-reported ones. Calli said the delay left his client, a contract purchaser, "in theoretical legal limbo."
The Board of Adjustment's own 2026 schedule shows the delay getting longer.
- Sept. 16: cancelled
- Oct. 7: cancelled
- Oct. 21: next regular meeting on the calendar
- Nov. 4: the meeting after that
Regular meetings are held on the first and third Wednesdays at 7:30 p.m. As of today, nothing posted confirms that Sofia's will be on the Oct. 21 agenda. The two-resolution approach does mean that whenever the vote comes, the board will be choosing between drafts that are already written. Until then, the former Capital One Bank building, which has been empty since 2022, stays empty.
When a proposal like Sofia's goes before the zoning board, it affects parking, evening noise and what happens to a building that has sat vacant on a busy block. If you own a home or commercial property near South Street and want to know how a project nearby could affect it, Godby Realtors has followed downtown Morristown since 1979 and can walk you through it. Request a Concierge Consultation.
This article is general information, not legal, tax or financial advice. Consult a qualified professional about your situation.
