Complaint Withdrawn Over Adams Park Street Christmas Display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 Martin Bush's dentist office no longer has a violation against it after a complaint was withdrawn.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 The violation is no longer in effect unless another complaint comes in.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

By Sabrina DammsiBerkshires Staff
CHESHIRE, Mass. — The recent increase in rain has exacerbated an ongoing issue of flooding in the neighbors of West Mountain and Curren Roads. 
 
A few months back, a resident of West Mountain Road, Michael Lemanski, adjacent to Curren Road, complained about the runoff from Curren coming down the hill and into his yard. 
 
Over the years, the area's drainage system has changed. Initially, runoff would flow into the woods through a pipe on the right side of Curren Road, which then connected to a pipe on the left side, channeling water across the road and into the woods, said Corey McGrath, Department of Public Works director.
 
Then a garage was built and a pool was put in, so this system changed to a "strict 90" and ran it along the edge of the road, underneath the driveway, another 60 feet, then daylighted the runoff into a privately owned field.
 
"It's never worked. It's always been a problem. It overflows. It's not big enough. It goes down the driveway, and it cuts across his lawn, and washes out everything," McGrath said during the Select Board meeting on Tuesday. 
 
Now, McGrath is proposing installing a storm basin on the right side of Curren Road, pipe it farther down the road on the town's right of way, totally surpassing Lemanski's property, directing the water across the road, and then daylight it into that field. 
 
"Now, I don't know if we're removing one headache and getting another one, dumping it into that property," he said. 
 
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