Board Grants Stonebridge Outdoor-Music Permit with Hours, Holidays and Sound-mitigation Requirement

The Milford Planning and Zoning Board on June 3 granted a special permit allowing amplified outdoor music at Stonebridge restaurant’s patio at 50 Daniel Street, with a schedule of hours and a condition that the applicant pursue structural sound-mitigation measures.

The board approved a motion setting amplified music hours Thursday and Friday 5 p.m.–9:30 p.m.; Saturday 1 p.m.–9:30 p.m.; Sunday 1 p.m.–8 p.m. It also allowed “happy hour” acoustic (unamplified) music any day, specified holiday hours (St. Patrick’s Day, Memorial Day and July 4, 1 p.m.–9 p.m.), and limited occasional weekday fundraising events between 5 p.m. and 8 p.m. An amendment added a board condition that the applicant “explore reasonable structural sound mitigation barriers.” The motion carried on a roll call with one member recorded as opposed.

Thomas Lynch, attorney for the applicants Richard and Philip Conine (Conine Associates LLC), said the statement of use does not specify decibel levels and asked the board for a reasonable permit that narrows the prior operating hours. “My statement of use does not mention decibel levels. What I'm asking the board to do is to issue a permit that's reasonable,” Lynch said.

Residents and business owners were split in testimony. David Fernandez, a downtown resident and business owner who filed the original noise complaint, said he did not oppose live music in principle but asked the board to require mitigation so interests on both sides are respected: “I am not opposing it. I am making sure that all interest and everybody, my business included and the neighbors as well, are respected.” Supporters said outdoor music contributes to downtown vitality and charity fundraisers; speakers suggested physical barriers and additional trees as mitigation measures.

Board staff and speakers noted Milford has no local noise-decibel ordinance; state statute and Department of Energy and Environmental Protection (DEEP) rules provide an enforcement path for noise pollution complaints. The board discussed possible enforceable mitigation measures and included a condition asking the applicant to explore structural sound-mitigation barriers (for example, acoustic panels) and demonstrate a mitigation approach to staff.

The permit is limited to the hours and conditions set by the board; the applicant must comply with any other city, state or liquor-control rules that apply. The board recorded one “no” vote; the permit passed with the amendment requiring mitigation exploration.