Complaint Withdrawn Over Adams Park Street Christmas Display
ADAMS, Mass. — The Christmas display at Dr. Martin Bush's dentist office no longer has a violation against it after a complaint was withdrawn.
On Jan. 15, Bush received a correction order from David Rhinemiller, the code enforcement officer, after he received a phone complaint of sound emanating from the front of the building from the end of November until early January.
The sound likely refers to the music coming from Bush's longstanding "Polar Express" display in the window of his office, located at 9 Park St.
The violations cited were "holiday decorations with sound that generates a high [sound level] that [is] 10 decimals above normal surrounding noise at the property line.”
In addition, "noise interfering with the normal operation or occupant's health of adjacent or abutting properties or atmosphere."
The display is not against local sound ordinances because from 8 a.m. to 10 p.m. the town does not have sound restrictions, Rhinemiller said.
The violation was unrelated to decibel readings because no measurement could be taken — the complaint was received on Jan. 2, after the noise had already stopped.
Despite readings not being taken, the violation was issued because state law states that if it disturbs the atmosphere or adjacent properties, it's a violation.
A public hearing was canceled because there was a misrepresentation of dates from the phone conversation, and a state code was supposed to be included.
Another hearing was to be set, but it seems that is no longer the case because the individual withdrew the complaint. The violation is no longer in effect unless another complaint comes in.
Tags: noise,
