Noise Complaint Against Dr. Bush’s Holiday Display In Adams Has Been Withdrawn

A long-standing holiday display in Adams was initially scheduled for discussion at a meeting on March 4, following a complaint filed with the Department of Inspectional Services/Code Enforcement Officer. However, that has all changed.

His neighbor, Karen Scholz, who resides above her driving school, Karen’s School of Driving, lodged a noise complaint about the music. This prompted David Rhinemiller, Adams' code enforcement officer, to conduct an inspection and issue an enforcement order.

How the Complaint Was Drafted

Dr. Martin K. Bush was hereby ordered to correct the following violations, as failure to comply within an appropriate time or subsequent violations may result in re-inspection fees, non-compliance fines, and legal action against him.

Holiday decorations with sound that generates a sound level of 10 decibels above the normal surrounding noise at the property line. Noise interfering with the normal operation or the occupant's health of adjacent or abutting properties or the atmosphere. Deduce the hours and volume of the decorations.

Bush planned to appeal and was ready to meet with the Board of Health on Wednesday, March 4, but the meeting was called off after the complaint was withdrawn.

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The final outcome

According to The Berkshire Eagle, Bush stated that most of the information in the enforcement order was false. Rhinemiller’s order indicated that Bush’s music volume was 10 decibels above the ambient noise level at the property line, with recorded lows of 60 and 64 decibels and highs of 88 and 84 decibels, averaging 74 decibels.

Car Traffic levels are at 70, while his music is at 55, and the town bylaws are at 65. Bush argued that these measurements “make no sense” and lack a proper baseline for comparison. Additionally, Rhinemiller couldn’t have taken readings on January 7, as indicated in the order, because he had turned off the music on January 1.

Bush decided he could sue the town, but he's not going to because the taxpayers have supported his business for 30 years; he's very grateful and doesn't want to cost them more money. He said he would drop the matter if he received one more paper from the town.

An apology letter.