Inconvenient Truths

Update:  Checking the links to the City of Salem website concerning the meetings mentioned below, on September 16, 2010 it is found that the links to the pages have been 'broken' or 'changed'.   This post will be updated soon with the meeting minutes attached.

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How to understand this?

How Salem is dealing with wetlands, in an appearing unrighteous fashion - helping development push through on pristine wooded, non-profit, open-space of camp ground.  5 questions remain.

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    Back on Dec. 11, 2008, in a meeting with the Salem Conservation Commission, Terry Gensel from ENSR/AECOM requested to classify the designation of a wetland as "intermittent rather than perennial so there will be no surprises to the buyer or seller." A site visit was okayed at this request.   (For meeting minutes click here)

• Q:    Can a waterway be determined by the Commission in one site visit, in a cold month of December for the advantage to the seller or buyer? 

• A:    No.  According to Mass DEP 310 CMR 10.00: WETLANDS PROTECTION  (click here)  "proving that a stream is perennial by direct observation requires multiple observations made in the late summer and early fall months over many years.."

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    Camp Lion's parcel was rezoned in 2009 by the City of Salem, resulting in giving the development of Lowe's and expanded Super-Walmart a go.  

• Q:  Was this done illegally as spot zoning? 

• A:  Hmmm....  From a statement mentioned in the Salem Public Hearing on Sept. 3, 2008, between Salem Council and the Planning Board, it states - "The catalyst for this ordinance amendment was the talk for the development of Camp Lion and Walmart."  (Meeting minutes click here ) 

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     In 2007, Salem proposed an Open Space and Recreation Plan to preserve open space.  In it, Camp Lion is inventoried. It states strategies on how to go about preserving open space like Camp Lion. One of the important things it mentions is to  "Revise local Wetlands Ordinance to include the implementation of conservation restrictions on parcels developed adjacent to resource areas" (Reference on page 99)

• Q:  Should we ask?:  Was Salem fully aware their local wetland ordinance needed to be updated in order to create more restrictions against development on open space... in 2009 when Salem rezoned Camp Lion's open-space parcel for development?   The Salem Wetlands Ordinance (from the 70's) did not become updated when the zoning was redone for "the catalyst" event.

• A:  We don't need to ask to know the answer now.

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     In the recent Salem Public Hearing on July 15th, 2010, the Development Group tried to say certain parcels, like Walmart’s lot need not apply for a wetlands special permit, because it was felt the property was not in a wetland/flood hazard district, according to the Salem local wetland maps (from the 70's that were not updated).   A person of the 'public', then commented at the hearing that the development should be following the latest wetlands maps by the DEP instead of the local Salem ones begin followed from the 70's... which does not have as much restrictions.

• Q:  Is it pretend time and no one told me?

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     Flooding and drainage:   Walmart's parcel is built on an old marsh.  Along with Highland Ave this area floods in a rainstorm. Please refer to the Mass GIS data layer for a historic map of c1900 showing a marsh in this area, or click here to view 3rd pdf.   The drainage system in both Salem and Lynn could not handle the water overflow.

• Q.  Why isn't this area on the Flood zone layer?  And why is there flooding shown just over the line in Lynn and Peabody, but not in Salem?  Refer to Mass GIS or click here to view 2nd pdf. 

• A.  Because it was not reported....  because?

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