Complaint Withdrawn Over Adams Park Street Christmas Display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 Martin Bush's dentist office no longer has a violation against it after a complaint was withdrawn.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 The violation is no longer in effect unless another complaint comes in. 

Tags: noise,   

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Adams Planning Board Cited for Open Meeting Law Violation

By Sabrina DammsiBerkshires Staff
ADAMS, Mass. — The state Attorney General's Office has determined that the Planning Board violated Open Meeting Law by continuing to deliberate on a matter after adjournment.
 
According to the determination, the violation occurred after adjourning the Jan. 27, 2025, meeting when three board members stayed to discuss permitting concerns for Aisling Mountain Farm, a 22-acre equestrian facility on West Road owned by Kathryn Foley.
 
The board was ordered to amend its meeting minutes within the next 30 days, to include a summary of the discussion that occurred after the meeting was adjourned, to certify to to the AG's Office that it has done so, and to comply with the Open Meeting Law going forward.
 
The ruling stems from a complaint filed by Catherine Foster on Aug. 22, 2025, alleging that the board violated the Open Meeting Law during and after its Jan. 27 meeting.
 
Although filed nearly seven months after the January meeting, the Attorney General's Office said it met the 30-day filing deadline because Foster did not become aware of the situation until it was raised at a July 23 Select Board meeting.
 
"The Open Meeting Law requires that complaints be filed within 30 days of the alleged violation, or if the alleged violation could not reasonably have been known at the time it occurred, then within 30 days of the date it should reasonably have been discovered," Assistant Attorney General Matthew Lindberg said in the determination.
 
"The complainant could not reasonably have discovered that the Board deliberated after adjournment of the January 27 meeting until the issue was raised during public comment at the July 23 Select Board meeting. Because the complaint was filed within 30 days of the July 23 Select Board meeting, the complaint was filed timely as to this allegation"
 
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