Complaint Withdrawn Over Adams Park Street Christmas Display

By Sabrina DammsiBerkshires Staff
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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 Martin Bush's dentist office no longer has a violation against it after a complaint was withdrawn.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 The violation is no longer in effect unless another complaint comes in. 

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Memorial Building Owner Seeks Name Change

By Sabrina DammsiBerkshires Staff
ADAMS, Mass. — The selectmen tabled a request from the owner of the Memorial Building, who wants to change his company's name to qualify for more grant funding.
 
During Wednesday's Select Board meeting, the proposal was initially approved but later tabled after a resident urged the board to have town counsel review the documents.
 
According to Town Administrator Nicholas Caccamo, the owner, Michael Mackin, is seeking to change the name from Memorial School Redevelopment LLC to 30 Columbia Redevelopment LLC, which he said would make him eligible for more grant funding. 
 
In a follow-up with iBerkshires.com, Mackin said the property must be twice removed from town ownership to be eligible for certain grant funding.
 
Mackin was not present at Wednesday's board meeting, but Caccamo explained that the change would make Mackin eligible for the Berkshire Brownfields Revolving Loan Program to help fund hazardous-material abatement and the removal of heating oil tanks.
 
Caccamo told the board the change is solely creating a delineation of ownership and does not change anything in the lease, building permits, lease agreement with the town, or any work planned or in progress.
 
The town has signed a lease to use the building once renovations are complete and the space is usable, which it currently is not, Caccamo said. 
 
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