Rooftop Dining Proposal Deferred Until Special Meeting In Morristown

MORRISTOWN, NJ — The Iron Bar's revised zoning board application, which has been the subject of a long-running legal dispute over rooftop dining, will finally be heard at a special meeting scheduled for later in December.

According to zoning board records, Iron Bar owner James Cavanaugh has been requesting approval to extend the Iron Bar's liquor license to the roof, for 150 seats, plus an 18-seat bar and standing room, ever since Morristown initially rejected his request in April 2021.

The applicant, 5-7 South Street Holdings, LLC, requested to postpone their application to a special meeting scheduled for Dec. 20. Their application was originally intended to be heard at the meeting on Wednesday night.

The Morristown establishment Iron Bar describes itself as a "lively bar/night club with great shareable food offerings, draft and bottled beer, and craft cocktails."

The beloved restaurant is situated at 5 South Street.

Cavanaugh does not intend to provide additional parking, despite the fact that nightclubs require more parking spaces than restaurants, according to town zoning regulations, and the application describes the building as a "restaurant/bar/nightclub."

Cavanaugh is asking for a variance to exempt him from the parking requirements as part of the application for the extra space on the rooftop.

Topology, a real estate consulting firm, recently completed a planning report with the intention of providing the zoning board with guidance in its review of the application.

The applicant claims in the report that because the term "outdoor dining" is not defined in the Land Development Ordinance (LDO), the Board should interpret the LDO to conditionally permit dining in any location that falls under the definition of "outdoor space." In other words, because the rooftop is outside and outdoor dining is permitted, dining on the rooftop must be permitted as well.

Topology, on the other hand, claims that the LDO term "outdoor space" never appears in connection with commercial uses and only appears in the code to give meaning to minimum requirements that would advance quality-of-life goals.

"It is a specific term, included for and limited in use to a specific purpose, and should be evaluated by its plain meaning," Phil Abramson, CEO of Topology, said.

According to the report, the board planner should continue to advise against the proposed use of a rooftop deck for a liquor-licensed restaurant.

Concerns about increased noise played a role in the council's previous decision to reject the Iron Bar's rooftop proposal, and the council passed a noise ordinance outlining infractions and enforcement.

The fate of Iron Bar's rooftop dining expansion continues to be unknown and will have to wait until the special zoning board meeting planned for Dec. 20.