Madison Hotel cleared to use rear patio year-round with lights and speakers under conditions

The Morris Township Planning Board on March 3 approved a modification to a prior patio approval at the Madison Hotel that allows string lights, three ground‑level speakers and portable heaters and permits year‑round patio use, subject to conditions requiring speakers be turned off by 10 p.m., lights by 11 p.m., and a post‑occupancy acoustical study involving the township health director.

The change was presented by Linda Herlicki of Ryker Danzig, counsel for CHC Madison Project Owner LLC, and testified to by Michael Murray, the hotel’s general manager. Herlicki told the board the applicant sought “greater flexibility in the use of the patio” and that the equipment proposed are typical, consumer‑grade items: “The string lights are similar to what you may have in your backyard,” and the speakers are “typical backyard Bluetooth type speakers.” Murray testified the speakers are 45‑watt JBL units and the hotel will aim to keep sound levels near ambient conversation.

The board’s planner, Paul Phillips, and counsel, Mr. Warner, advised the board on applicable standards and the board’s jurisdiction for the application. The board accepted a set of stipulations offered during the hearing: speakers shall be off by 10 p.m.; lights shall be turned off by 11 p.m. to allow cleanup; heaters must be portable and used consistent with manufacturer and code requirements; music shall be ambient and amplified live music tied into the speakers is not permitted; and the applicant must complete a post‑occupancy acoustical study demonstrating compliance with township noise standards, with measurement and oversight arranged through the township health director as noise control officer.

Nearby residents spoke during the public portion. Megan Bark of Shepherd Place said she lives about a block to a block‑and‑a‑half from the hotel and described recurring disturbance from existing events: “The noise does travel to our yards, and that’s our concern with regard to the patio, being the speakers being added to the patio and also the lighting.” Bark asked the board to consider tighter restrictions; the board accepted her concerns and incorporated the acoustical study/stipulations into its conditions.

Landscape architect Barry Yacker, under oath, described the string‑light plan and plantings intended to screen the patio. He said the intended plant material and mulch beds around the speakers will help deaden sound but will not eliminate it entirely.

At the board’s request, the applicant agreed that noise measurements may be performed with the township health director present rather than requiring an outside consultant, subject to the health director’s discretion. The board also recommended that any post‑occupancy testing confirm compliance with the township standard cited in the hearing (50 decibels maximum in the evening at the property line; 65 decibels daytime), and the applicant agreed to that framework.

The board’s motion to approve the applicant’s requested modifications carried; the board memorialized the approval through the usual resolution process and included the conditions set out in the hearing. The applicant and the board emphasized the approval applied only to the specific patio and equipment described; any future substantial change in use, amplified music, or permanent fixtures would require further review.

The governing body will be the venue for any separate requests that fall outside planning board jurisdiction, such as liquor license expansions or licensing rules that the township committee must decide at a later public hearing.