The historic reference is found on the pages of Salem's City Guide: salemweb.com/guide/roger.shtml
Welcome. A moment-to-moment story...
Salem Statue stands atop a stone from these woods
In the town of Salem, a statue of the settlement's founder, Roger Conant is raised atop an huge boulder, brought from the woods near Floating Bridge Pond in these here woods.
The historic reference is found on the pages of Salem's City Guide: salemweb.com/guide/roger.shtml
The historic reference is found on the pages of Salem's City Guide: salemweb.com/guide/roger.shtml
Camp Lion, Public Charity
In 1954, Camp Lion was listed under Section 170(c)- Public Charity. Section 170(c) refers to agencies that conduct activities to benefit the public at large.
(http://www.google.com/search?q=%22camp+lion%22+%22section+170%22&btnG=Search+Books&tbm=bks&tbo=1)
The Massachusetts Laws in regulating the transaction of property for a public charity are found here. http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleXXII/Chapter180/Section8A
News: Peabody Mayor seeks stronger relationship with Lynn and Salem
This may be a good time to seek regional unity among the cities of Lynn, Peabody and Salem. To create Spring Pond Reservation, in conserving undeveloped land around connecting wetlands, underground waterways, and watersheds of Spring Pond, the City of Peabody water supply. Time is critical to "Strengthen Salem's wetlands ordinance to protect rare, endangered, and unique flora and fauna." ~ Salem Open Space Plan
The Daily Item, Peabody Mayor-elect has ‘work cut out’ in new job, Originally Published on Monday, December 12, 2011, By Thor Jourgensen
History: Richard S. Fay testate argued by heirs
Reference:
http://books.google.com/books?id=x_M7AAAAIAAJ&pg=PA825&dq=%22richard+s+fay%22+testate&hl=en&ei=HQKvTsntC-bh0QHtxfmSDw&sa=X&oi=book_result&ct=result&resnum=1&ved=0CC8Q6AEwAA#v=onepage&q&f=false
Copy...
GARDINER et al. v. FAY et aL
(Supreme Judicial Court of Massachusetts.
Middlesex. Jan. 8, 1903.)
TRUST DEED—CONSTRUCTION-HEIRS—TIME
OF DETERMINATION.
1. A trust deed required the income to be paid to a certain person and his wife during their lives and the life of the survivor, and after his or her death to their "joint heirs" in the same way or manner that "intestate «states are divided at law." Held, that "joint heirs" meant the heirs of both at the time of the death of the survivor.
Case reserved from supreme judicial court, Middlesex county; Wm. Caleb Loring, Judge.
Bill In equity by Robert H. Gardiner and another, as trustees, against Dudley B. Fay and others, for a construction of the deed of trust. Deed construed.
Roland Gray, for Daniel B. Fay and others. Francis R. Bangs and Arthur D. Hill, for respondents.
KNOWLTON, C. J. The plaintiffs are trustees under a deed which conveyed real estate in trust, to permit Richard S. Fay and Catharine S. Fay, his wife, to occupy and improve it, or to receive the rents and profits of it "during their joint lives and the life of the survivor, and after his or her death to convey the same in fee to the Joint heirs of said Richard and Catharine in the same way or manner as intestate estates are divided at law; and in case there are no joint heirs of said Richard and Catharine, then to the heirs of the survivor; it being further understood, however, that said Richard and Catharine, or the survivor, may, by a declaration of trust in writing, or by letters testamentary, continue said estate in trust for the benefit of their heirs at law, as before named," etc. Richard S. Fay died on May 6, 1865, and Catharine S. Fay on November 26, 1901. They had four young children at the date of the deed, of whom one survived at the decease of Catharine. At the time of her death she also had numerous grandchildren.
The only question now left for the consideration of the court is, What is the meaning of the words "joint heirs," In reference to the time as of which the heirs are to be determined? The word "heirs" is a legal term, to be construed according to its strict technical import, .unless there is something in the context to control the meaning. Clarke v. Cordis, 4 Allen, 466-480. Sometimes it means children or issue, where it is plain that it is used in a popular sense, as a word of description referring to a certain class of persons. But in a deed where there is no reason to depart from the technical meaning, it is given its usual legal signification. The joint heirs of Richard and Catharine are the persons who are the heirs of both of them. In the ordinary signification of the word "heir", no one could be an heir of Catharine before her death. Xeino est hoores viventis. Richardson v. Wheatland, 7 Mete. 169; Houghton v. Kendall, 7 Allen, 72-75; Putnam v. Gleason, 99 Mass. 454; Putnam v. Storey, 132 Mass. 205-210; Wason v. Ranney, 167 Mass. 159, 45 N. E. 85. The foregoing cases go far toward settling the case at bar. The joint heirs of Richard and Catharine are the heirs of both at the death of the survivor. Their joint heirs could not be determined before that time, for one who died before the death of the survivor would uot be his or her heir. The words, "in case there are no joint heirs of said Richard and Catharine, then to the heirs of the survivor," have a clear and natural meaning, on the theory that the joint heirs are to be determined as of the time of the death of the surviving life tenant; for the words "joint heirs" would mean descendants then living. and, If there were none, the property would go to collateral heirs of the survivor. But they are Inapplicable to the facts with the other construction; for there were four children living at the date of the deed, and upon the other theory they, and any others who might come into being, would be considered joint heirs within the meaning of the deed, and there could not be a condition which would make the quoted words applicable. The words, "In the same way or manner as intestate estates are divided at law," mean that the children of a deceased child take their parent's share by right of representation. This provision is given its natural meaning if joint heirs are determined as of the time of the death of the survivor. But if the other construction is adopted, the remainder at the death of the surviving life tenant would be all vested In the living children, and the heirs, devisees, or assigns of the deceased children. It would be Impossible to apply the rule of distribution of intestate estates, since no grandchild could take directly as one of the joint heirs of the life tenants. The vested interests of deceased children would all have passed to their devisees, assigns, or heirs.
The trust property is to be conveyed to Dudley B. Fay, Richard S. Pay, Edward H. Fay, Katharine Fay, Richard Fay Parker, Augustine H. Parker, and Katherlne Everett, and William E. Stone and William F. Wharton, trustees under the deed of Henry M. Parker, In the shares and proportions to which they are severally entitled as heirs of Richard S. Fay and Catharine S. Fay, taking by right of representation, and as grantees under the deed of Henry M. Parker.
So ordered.
http://books.google.com/books?id=x_M7AAAAIAAJ&pg=PA825&dq=%22richard+s+fay%22+testate&hl=en&ei=HQKvTsntC-bh0QHtxfmSDw&sa=X&oi=book_result&ct=result&resnum=1&ved=0CC8Q6AEwAA#v=onepage&q&f=false
Copy...
GARDINER et al. v. FAY et aL
(Supreme Judicial Court of Massachusetts.
Middlesex. Jan. 8, 1903.)
TRUST DEED—CONSTRUCTION-HEIRS—TIME
OF DETERMINATION.
1. A trust deed required the income to be paid to a certain person and his wife during their lives and the life of the survivor, and after his or her death to their "joint heirs" in the same way or manner that "intestate «states are divided at law." Held, that "joint heirs" meant the heirs of both at the time of the death of the survivor.
Case reserved from supreme judicial court, Middlesex county; Wm. Caleb Loring, Judge.
Bill In equity by Robert H. Gardiner and another, as trustees, against Dudley B. Fay and others, for a construction of the deed of trust. Deed construed.
Roland Gray, for Daniel B. Fay and others. Francis R. Bangs and Arthur D. Hill, for respondents.
KNOWLTON, C. J. The plaintiffs are trustees under a deed which conveyed real estate in trust, to permit Richard S. Fay and Catharine S. Fay, his wife, to occupy and improve it, or to receive the rents and profits of it "during their joint lives and the life of the survivor, and after his or her death to convey the same in fee to the Joint heirs of said Richard and Catharine in the same way or manner as intestate estates are divided at law; and in case there are no joint heirs of said Richard and Catharine, then to the heirs of the survivor; it being further understood, however, that said Richard and Catharine, or the survivor, may, by a declaration of trust in writing, or by letters testamentary, continue said estate in trust for the benefit of their heirs at law, as before named," etc. Richard S. Fay died on May 6, 1865, and Catharine S. Fay on November 26, 1901. They had four young children at the date of the deed, of whom one survived at the decease of Catharine. At the time of her death she also had numerous grandchildren.
The only question now left for the consideration of the court is, What is the meaning of the words "joint heirs," In reference to the time as of which the heirs are to be determined? The word "heirs" is a legal term, to be construed according to its strict technical import, .unless there is something in the context to control the meaning. Clarke v. Cordis, 4 Allen, 466-480. Sometimes it means children or issue, where it is plain that it is used in a popular sense, as a word of description referring to a certain class of persons. But in a deed where there is no reason to depart from the technical meaning, it is given its usual legal signification. The joint heirs of Richard and Catharine are the persons who are the heirs of both of them. In the ordinary signification of the word "heir", no one could be an heir of Catharine before her death. Xeino est hoores viventis. Richardson v. Wheatland, 7 Mete. 169; Houghton v. Kendall, 7 Allen, 72-75; Putnam v. Gleason, 99 Mass. 454; Putnam v. Storey, 132 Mass. 205-210; Wason v. Ranney, 167 Mass. 159, 45 N. E. 85. The foregoing cases go far toward settling the case at bar. The joint heirs of Richard and Catharine are the heirs of both at the death of the survivor. Their joint heirs could not be determined before that time, for one who died before the death of the survivor would uot be his or her heir. The words, "in case there are no joint heirs of said Richard and Catharine, then to the heirs of the survivor," have a clear and natural meaning, on the theory that the joint heirs are to be determined as of the time of the death of the surviving life tenant; for the words "joint heirs" would mean descendants then living. and, If there were none, the property would go to collateral heirs of the survivor. But they are Inapplicable to the facts with the other construction; for there were four children living at the date of the deed, and upon the other theory they, and any others who might come into being, would be considered joint heirs within the meaning of the deed, and there could not be a condition which would make the quoted words applicable. The words, "In the same way or manner as intestate estates are divided at law," mean that the children of a deceased child take their parent's share by right of representation. This provision is given its natural meaning if joint heirs are determined as of the time of the death of the survivor. But if the other construction is adopted, the remainder at the death of the surviving life tenant would be all vested In the living children, and the heirs, devisees, or assigns of the deceased children. It would be Impossible to apply the rule of distribution of intestate estates, since no grandchild could take directly as one of the joint heirs of the life tenants. The vested interests of deceased children would all have passed to their devisees, assigns, or heirs.
The trust property is to be conveyed to Dudley B. Fay, Richard S. Pay, Edward H. Fay, Katharine Fay, Richard Fay Parker, Augustine H. Parker, and Katherlne Everett, and William E. Stone and William F. Wharton, trustees under the deed of Henry M. Parker, In the shares and proportions to which they are severally entitled as heirs of Richard S. Fay and Catharine S. Fay, taking by right of representation, and as grantees under the deed of Henry M. Parker.
So ordered.
News: Lynn withdraws big box lawsuit
The Daily Item
Lynn withdraws big box lawsuit
November 28, 2011, by Chris Stevens
http://itemlive.com/articles/2011/11/29/news/news02.prt
Lynn withdraws big box lawsuit
November 28, 2011, by Chris Stevens
http://itemlive.com/articles/2011/11/29/news/news02.prt
Red-tailed Hawk
Yesterday morning about 8:20 am, a Red-tailed hawk was perched on the limb of a tree while black crows mobbed the large bird from above. The hawk seemingly unaffected by the crows flying down on it, sat looking on its surroundings.
This is not the first sighting of a Red-tailed Hawk in the area, although probably the first we have captured by photograph. For more information on Red-tails, check out The Breeding Atlas of Mass Audubon. From observing the atlas, it seems a hawk of this kind in the area is undocumented.
This is not the first sighting of a Red-tailed Hawk in the area, although probably the first we have captured by photograph. For more information on Red-tails, check out The Breeding Atlas of Mass Audubon. From observing the atlas, it seems a hawk of this kind in the area is undocumented.
Perched stones on hilltop
There is a hill, north of a stream which flows into Spring Pond, believed to be on a parcel labeled Spring Pond, a property of the City of Peabody, in the City of Salem. When approaching this hill from Spring Pond, there is sight of a perched stone at the top. We were led to this point by a friend, a place since he was a child called 'the meeting point'.
From the hill top, a panoramic view of Spring Pond and the surroundings can be seen.
On the other sides of the hilltop, perched stones hang by the cliffs.
On the other sides of the hilltop, perched stones hang by the cliffs.
The Parody in politics
In the recent Lynn and Salem elections, three candidates who were involved with or had expressed support for the Lowe's/ Super Wal-mart project on Camp Lion, lost in the November race for public seat. Candidates Lynn City Councilor-at-Large Paul Crowley (former Camp Lion treasurer), Lynn School Committee Vincent Spirito (Camp Lion member), and City of Salem Ward 3 Councilor Jean Pelletier were eliminated by public vote. Had the candidates' involvement with the project, impacted public opinion?
The parody of the story was jeered by the 'Head Tomato' of The Lynn Daily Tomato blog, in March of 2011: "We will see ... if Pauly Crowley will get any blow back from his involvement in the controversial redevelopment of the historic playground into a 7-11."
Link: thelynndailytomato.blogspot.com/2011/03/marshall-middle-school-student-council.html
Lets take a look at quotes in the news from the past year.
Lynn City Councilor-at-Large Paul Crowley (former Camp Lion's treasurer)
"From the Lion's perspective, the project makes sense because of the good work it allows them to do. But neighborhood concerns have to be considered and unless the developer addresses satisfactorily all legitimate concerns of the neighborhood, this is not a good deal," said Councilor at large and former Lion Paul Crowley.
Although the two groups have separate organizational structures and goals, Lynn Lions Club members volunteer with Camp Lion. A Lion for eight years, Crowley resigned from the organization on Monday and vacated his position as group treasurer and board member.
He said he decided to resign "to eliminate any conflict of interest between the interests of the neighborhood and the interest of the Lions." "
- Daily Item, article: 'Mayors to meet over big box differences', Sept 17, 2010
Link: itemlive.com/articles/2010/09/18/news/news01.prt
When the purchase-and-sale agreement was signed, the Camp Lions board included Councilor-at-large Paul Crowley as paid treasurer. Crowley has since resigned from the board.
“I’m a guy who tries to help the community. Throughout the discussion, I was given no indication that this sale would be an issue,” he said Monday. “I’m not a lawyer and it was never suggested that what we were doing was somehow illegal.”
"Besides", said Crowley, "the Kennedy Development Group assured the board the project would have no negative impact on neighborhood drainage or traffic."
“If, in fact, the developer cannot satisfactorily resolve the issues, then I don’t support the project,” he said.
Crowley said the pending sale of land will not be unprecedented. He noted that Camp Lion sold land to others, including the developer of the former Rich’s department store on Highland Avenue.
- Daily Item, article: 'Big Box Opponents from Lynn ask AG to kill deal', Dec 21, 2010, By David Liscio. Link: itemlive.com/articles/2010/12/21/news/news11.prt
Correnti said the developers are seeking to acquire about 35 of the 90 acres that Camp Lion owns in Salem.
Lynn City Councilor Paul Crowley, a member of the Camp Lion Board of Directors, did not return calls to The Item, nor did attorney Joseph Sarno, the Lynn Lions Club president.
Critics of the project complained to The Item that a Lynn councilor-at-large should not be involved in the massive retail complex deal since it will not bring tax dollars to Lynn and more likely will draw shoppers away from the city's existing businesses.
- The Daily Item, article: 'Lynn Pols eye impact of store expansion', April 11, 2010, by David Liscio. Link: itemlive.com/articles/2010/04/11/news/news01.prt
City of Salem Ward 3 Councilor, Jean Pelletier
Pelletier said Salem is "allowed" to move forward with the project and told Lynn residents to "try to stop us."
-(Blog) The Salem Patch, 'Public Hearings on Controversial Lowe's/Wal-Mart Project Continue Thursday', By Abrey Bracco, Sept 29, 2010.
Link: salem.patch.com/articles/public-hearings-on-controversial-loweswal-mart-project-continue-thursday
News: Lynn's lawsuit moves forward
Daily Item
Lynn’s suit against development moving forward
November 3, 2011
www.itemlive.com/articles/2011/11/04/news/news09.prt
Lynn’s suit against development moving forward
November 3, 2011
www.itemlive.com/articles/2011/11/04/news/news09.prt
News: Lynn Continues with Appeal
Salem News
Despite death of Lowe's project, Lynn files appeal
November 3, 2011, by Julie Manganis
salemnews.com/local/x2039718868/Despite-death-of-Lowes-project-Lynn-files-appeal
Despite death of Lowe's project, Lynn files appeal
November 3, 2011, by Julie Manganis
salemnews.com/local/x2039718868/Despite-death-of-Lowes-project-Lynn-files-appeal
Perched stone mysteries
An enlightening discovery of a triangular shaped boulder perched on smaller stones, was observed by nature hikers in a recent walk. This stone is similar to Phaeton (Cannon) Rock in Lynn, where the boulder appears to be elevated off the ground by a grouping of smaller stones. The observer states there are 4 stones supporting the boulder.
Thank you for sharing.
Occupy
In light of the Occupy Together movement, our actions here in fighting off corporations from destroying Spring Pond Woods has had its own battle for a year and a half now. The battle was encouraged by the voices of hundreds. Thank you for signing the petitions, and sending letters to local and state officials. The battle to protect this pristine forest, wetlands and campground is not over.
Here is a brilliant video, posted once again, made by a few Salemites on Driscoll's Corporate Priorities for Salem, in building over dedicated green Open Space. Lowe's has withdrawn from building here since this video was made, but the threat of development still continues.
Here is a brilliant video, posted once again, made by a few Salemites on Driscoll's Corporate Priorities for Salem, in building over dedicated green Open Space. Lowe's has withdrawn from building here since this video was made, but the threat of development still continues.
SaveCamps.org suggests Camp Lion place a Conservation Easement on Property
'Save Camps, The Blog to Save Boy Scout, Girl Scout and Outdoor Camps for Kids: From LandChoices.org', writes an article on Camp Lion with an interview of Leslie Courtemanche. Save Camps offers suggestions to the board members of Camp Lion on how to save the camp by placing a conservation easement on the property.
Article
Camp Lion in Salem, MA saved by Volunteers... and the Economy
www.savecamps.org/?p=329
In SaveCamps.org own words:
"SaveCamps.org has written before about the possibility of protecting this camp through a conservation easement. I hope the dropped plans for the Lowe’s store will make the board members of Camp Lion more agreeable to exploring this option. For now Camp Lion is saved and it would seem we have the economy and a lot of dedicated volunteers to thank. Thanks and good luck with your continued efforts in Salem."
Article
Camp Lion in Salem, MA saved by Volunteers... and the Economy
www.savecamps.org/?p=329
In SaveCamps.org own words:
"SaveCamps.org has written before about the possibility of protecting this camp through a conservation easement. I hope the dropped plans for the Lowe’s store will make the board members of Camp Lion more agreeable to exploring this option. For now Camp Lion is saved and it would seem we have the economy and a lot of dedicated volunteers to thank. Thanks and good luck with your continued efforts in Salem."
News: Lynn Moves Ahead with Lowe's Appeal
Daily Item
Lynn Moves Ahead with Lowe's Appeal
October 25, 2011, by Chris Stevens
http://itemlive.com/articles/2011/10/26/news/news03.prt
Lynn Moves Ahead with Lowe's Appeal
October 25, 2011, by Chris Stevens
http://itemlive.com/articles/2011/10/26/news/news03.prt
Some Signs of love
Children's hand imprints are found on the ledge in these woods. Is it imaginable, a beloved wilderness-playground serving nearly 1,000 children at camp, could have been blasted away for corporate priorities? Hope these signs last forever, as the children thought when cementing their prints into stone.
More Spring Pond discoveries...
A frog splashes off to the side of a stream running down a trail.
Another bat house is constructed.
Fresh dear marks are near a stream.
A beautiful hilltop, with....
a depression on the cliffside, filled with stones.
pretty little purple flowers
News: Lowe's scraps Salem Development Project
Daily Item
Lowe's scraps Salem Development Project
October 22, 2011, by Cris Stevens
www.itemlive.com/articles/2011/10/22/news/news04.prt
Boston Business Journal
Lowe's woes a black eye for Salem
October 21, 2011
www.bizjournals.com/boston/blog/mass_roundup/2011/10/lowes-woes-a-black-eye-for-salem.html
CBS Boston
Lowe's Scraps Store, Ends Lynn vs Salem battle
October 21, 2011, Carl Stevens reports
boston.cbslocal.com/2011/10/21/lowes-scraps-store-ends-lynn-vs-salem-court-battle/
Lowe's scraps Salem Development Project
October 22, 2011, by Cris Stevens
www.itemlive.com/articles/2011/10/22/news/news04.prt
Boston Business Journal
Lowe's woes a black eye for Salem
October 21, 2011
www.bizjournals.com/boston/blog/mass_roundup/2011/10/lowes-woes-a-black-eye-for-salem.html
CBS Boston
Lowe's Scraps Store, Ends Lynn vs Salem battle
October 21, 2011, Carl Stevens reports
boston.cbslocal.com/2011/10/21/lowes-scraps-store-ends-lynn-vs-salem-court-battle/
News update: Lynn awaits confirmation from Lowe's
Daily Item
Lowe's may kill Salem project near Lynn line.
Lynn awaits news before proceeding with lawsuit.
October 21, 2011, by Chris Stevens
http://www.itemlive.com/articles/2011/10/21/updates/updates08.txt.txt
Lowe's may kill Salem project near Lynn line.
Lynn awaits news before proceeding with lawsuit.
October 21, 2011, by Chris Stevens
http://www.itemlive.com/articles/2011/10/21/updates/updates08.txt.txt
News: Lowe's project dead
In the recent news of Lowe's cutting back stores, Lowe's has stepped away from building in Spring Pond Woods! The Lowe's war may be over, but the fight to protect the area is not.
Conservation efforts will continue in protecting these woods, wetlands, watershed, Surface Water Protection zones, wildlife habitat, Native American sites, historical and cultural resources, and campground for children. There was much to learn from the site in the past year and a half. Not only is Spring Pond Woods beautiful, but it is rich in history and environmental importance.
Thank you to everyone who supported the cause in protecting Spring Pond Woods, one of the '1000 Great Places in Massachusetts.'
Salem News
Lowe's development dead
October 21, 2011, by Tom Dalton
www.salemnews.com/local/x2117288136/Lowes-development-dead
Conservation efforts will continue in protecting these woods, wetlands, watershed, Surface Water Protection zones, wildlife habitat, Native American sites, historical and cultural resources, and campground for children. There was much to learn from the site in the past year and a half. Not only is Spring Pond Woods beautiful, but it is rich in history and environmental importance.
Thank you to everyone who supported the cause in protecting Spring Pond Woods, one of the '1000 Great Places in Massachusetts.'
Salem News
Lowe's development dead
October 21, 2011, by Tom Dalton
www.salemnews.com/local/x2117288136/Lowes-development-dead
News event: Salem Mayor & Planning Dept: solutions to 'Transportation, Congestion, Access & Sustainability'...
Thank you to a friend for sharing the news of this event sponsored by The Mayor of Salem and Planning Department. The event is offering solutions to transportation congestion and sustainability. In case anyone is unaware of the problems with the Lowe's/ expanding Wal-mart project, blessed by the Mayor of Salem and Planning Department... this project is proposing to create traffic congestion, lack of accessibility for surrounding towns, while tearing away pristine woods... being not so sustainable. Where is the solution here?
"Solutions to Transportation, Congestion, Access, & Sustainability, The North Shore TMA Forum: Solutions to Traffic, Congestion, Access, & Sustainability is an opportunity to learn more about how some North Shore businesses, communities, and organizations are working together to develop cost-effective, environmentally sustainable solutions that increase access and reduce the stress of commuting to their facility for employees and customers."
........................................................................................
Event
Opening remarks: Mayor Kimberley Driscoll, City of Salem
Where: City of Salem Planning & Community Development
........................................................................................
The facts of the problem: Traffic
- "In addition, the project will generate an additional 5,960 average daily vehicle trips (adt) for a total of 13,292 adt and a total of 17,716 vehicle trips on an average Saturday."
- “’Big box’ stores such as the proposed Lowe’s and Wal-Mart are large energy users and generate considerable traffic, both of which result in significant emissions of greenhouse gasses that contribute to global climate change.”
Reference The Secretary of State's letter: www.env.state.ma.us/mepa/mepacerts/2010/sc/enf/14532eenf.pdf
News: Lowe's decision affect Salem? and Salem looks for flood help
Salem News
Could Lowe's decision affect Salem plan
by Tom Dalton, October 19, 2011
Story: salemnews.com/local/x1184191770/Could-Lowes-decision-affect-Salem-plan/print
SPW Reference: springpondwoods.com/2011/10/ap-news-lowes-closing-20-stores-and.html
Salem News
Salem looks for flood help
by Tom Dalton, October 18, 2011
Story: salemnews.com/local/x744037202/Salem-looks-for-flood-help/print
SPW Reference: springpondwoods.com/2011/10/october-4-flooding-on-highland.html
springpondwoods.com/2010/08/nature-strikes-back-flood-on-highland.html
Could Lowe's decision affect Salem plan
by Tom Dalton, October 19, 2011
Story: salemnews.com/local/x1184191770/Could-Lowes-decision-affect-Salem-plan/print
SPW Reference: springpondwoods.com/2011/10/ap-news-lowes-closing-20-stores-and.html
Salem News
Salem looks for flood help
by Tom Dalton, October 18, 2011
Story: salemnews.com/local/x744037202/Salem-looks-for-flood-help/print
SPW Reference: springpondwoods.com/2011/10/october-4-flooding-on-highland.html
springpondwoods.com/2010/08/nature-strikes-back-flood-on-highland.html
Brookline Bird Club (silent alarm)
Spring Pond Woods is an important regional wildlife corridor, according to the City of Peabody Open Space Plan. A great variety of birds are supported through this diverse forest environment surrounding Spring Pond, and infiltrated with many wetlands. Several species nest, forage and or migrate through the area. The following message is shared from a friend (of a friend)....
"K, this-from a friend (if you want to post this):
According to BirdLife International, more than twelve percent of the world's
bird species are threatened or endangered. Conservationists are trying
almost every avenue to call attention to the global decline in birds.
Birds need habitat in which to feed, rest, find shelter, mate and raise
young. I ask then, how can we be so short-sighted as to allow a well-known
bird habitat haven and migratory bird corridor be obliterated for big-box
retail stores. Camp Lion--save Spring Pond Woods.
"K, this-from a friend (if you want to post this):
According to BirdLife International, more than twelve percent of the world's
bird species are threatened or endangered. Conservationists are trying
almost every avenue to call attention to the global decline in birds.
Birds need habitat in which to feed, rest, find shelter, mate and raise
young. I ask then, how can we be so short-sighted as to allow a well-known
bird habitat haven and migratory bird corridor be obliterated for big-box
retail stores. Camp Lion--save Spring Pond Woods.
(Please see The Brookline Bird Club for more info)
AP News: Lowe's closing 20 stores and cutting jobs
Associated Press News
October 17, 2011
October 17, 2011
"Home-improvement retailer Lowe's Cos. says it will close 20 underperforming stores in 15 states (including Massachusetts) and cut 1,950 jobs in order to focus on more profitable locations (in pristine woods?... in Spring Pond Woods?)."
Read more here... www.masslive.com/newsflash/index.ssf/story/glance-lowes-closing-20-stores/4f6f94f552b845b09021dbae20ee33d4
Read more here... www.masslive.com/newsflash/index.ssf/story/glance-lowes-closing-20-stores/4f6f94f552b845b09021dbae20ee33d4
More news:
MSNBC
Lowe's to close 20 stores.
Retailer to close underperforming stores in 15 states, cut 1,950 jobs
Read more here: www.msnbc.msn.com/id/44928593/#.TpxPnmBVO18
Thank you to a friend for sharing.
News: residents worry about future flooding from loss of woodland
The Daily Item
Lynn residents: Big Box plans will worsen flooding
by Chris Stevens, October 15, 2011
link: www.itemlive.com/articles/2011/10/15/news/news04.prt
Lynn residents: Big Box plans will worsen flooding
by Chris Stevens, October 15, 2011
link: www.itemlive.com/articles/2011/10/15/news/news04.prt
News: Lynn-Salem Lawsuit & Roxbury rejects Walmart
The Daily Item
Judge deals blow to Lynn's big box suit
by Chris Stevens, October 4, 2011
Judge leaves one count in lawsuit standing.
itemlive.com/articles/2011/10/05/news/news02.prt
Opinion
Salem News Editorial, October 5, 2011
salemnews.com/opinion/x1953752968/Our-View-Lowes-project-Time-to-move-forward/print
Boston Globe
City Won't back a Walmart in Roxbury
by Casie Ross, October 4, 2011
www.bostonglobe.com/business/2011/10/04/city-won-back-walmart-roxbury/qM1nQf4KI6Lwd1T3T3worN/story.xml
Judge deals blow to Lynn's big box suit
by Chris Stevens, October 4, 2011
Judge leaves one count in lawsuit standing.
itemlive.com/articles/2011/10/05/news/news02.prt
Opinion
Salem News Editorial, October 5, 2011
salemnews.com/opinion/x1953752968/Our-View-Lowes-project-Time-to-move-forward/print
Boston Globe
City Won't back a Walmart in Roxbury
by Casie Ross, October 4, 2011
www.bostonglobe.com/business/2011/10/04/city-won-back-walmart-roxbury/qM1nQf4KI6Lwd1T3T3worN/story.xml
October 4, Flooding on Highland
Flooding on Highland Avenue seems to be an annual event. This photo, in front of Wal-mart is circulating on Facebook from this mornings floods. Commentators on facebook.com/salemmass are saying such things as: "Good bye highland ave.!", "highland ave always floods there.that's the worst so far i've seen it !!!"
On August 25, 2010, a friend shared images of the flooding which occurred here a year ago. See former photos: www.springpondwoods.com/2010/08/nature-strikes-back-flood-on-highland.html
An historical map, c1900, found on Mass GIS, shows the site of Wal-mart used to be a marsh, and the stream through the valleys connects from Spring Pond to the rear of Wal-mart's site. It is quite possible flooding happens here for a reason. Perhaps the water table rises, or the streams (draining the hills) overflows. If the top of the hill is blasted for a new Lowe's then excessive drainage will increase at a faster rate and fill the streams and former flood areas. The site around the existing Wal-mart could be blasted too, reaching further north-west into the wetlands and Surface Water Protection Areas.
An overlay of the map with current (2010) wetlands and parcel data, shows where this marsh was located.
In recent 2011 data collected from Mass GIS, The National Wetlands Inventory includes a survey of the streams from Spring Pond to the rear of Wal-mart's site. Search for layer 'NWI Wetlands Solid' in OLIVER.
Map data was extracted using the state program OLIVER
( maps.massgis.state.ma.us/map_ol/oliver.php ). Information can viewed directly online or imported into a drawing program. I use Vectorworks Designer: Architect/ Landmark/ Renderworks, after viewing the data in OLIVER, for measuring and modeling purposes.
News: Judge hears arguments in lawsuit
The Daily Item
Judge Hears Arguments in Lynn-Salem Big Box Lawsuit
by Chris Stevens, September 28, 2011
Link to article: itemlive.com/articles/2011/09/28/news/news13.prt
The Salem News
Salem asks judge to toss rest of suit
by Julie Manganis, September 28, 2011
salemnews.com/local/x1304574900/Salem-asks-judge-Toss-rest-of-suit-on-Lowes/print
The Salem News
Salem asks judge to toss rest of suit
by Julie Manganis, September 28, 2011
salemnews.com/local/x1304574900/Salem-asks-judge-Toss-rest-of-suit-on-Lowes/print
Mass GIS Data Maps update
OLIVER, an online program available to the public to view and extract Mass GIS data, has improved with a friendlier interface. Some wetland data has increased and become more detailed than last year's data.
Using OLIVER online, as seen in this first screen shot, is The City of Peabody parcel on the Salem side, shaded in a light green. This parcel abuts Camp Lion and the Dibiasi subdivision, and was purchased by the City of Peabody to protect the water quality of Spring Pond. The wetlands, saturated soils and streams have a hydro-connection from Camp Lion, through the City of Peabody's Parcel, onto Spring Pond water supply. Only in season of a high water table and excessive rain (like the Springtime), may the streams and connecting saturated soils be seen in a short period of a day or more. There is some video footage available to share of this.
In this second map, additional resource layers are turned on to view Surface Water Protection Zones 1 and 2 surrounding the streams and Spring Pond. These zones are part of a regulated area. This is part of the watershed, where the land is drained by the streams into Spring Pond. These zones extend onto Camp Lion and the rear of Wal-mart's site (indicated in light blue shade and cross hatch). From onsite observations, it appears these zones may need to be extended to envelope entire stream systems.
In the map below, the Pine Barrens layer (shaded in olive green) is shown to indicate the areas of intense surface drainage caused from the Pine Barrens (as Leslie reminds us) where ground cover composed of pine needles flushes water at a faster rate. Onsite observations indicate there are far more pines on site than just within the boundaries of these two zones.
A new and interesting layer is provided by the National Wetlands Inventory Streams and Wetlands (NWI Streams). This survey affirms stream connection from Spring Pond to the rear of Wal-mart's site!
If you don't believe me or have time to follow the streams and saturation levels in the wet Springtime, check out Mass GIS OLIVER online: http://maps.massgis.state.ma.us/map_ol/oliver.php
Grants: Wetlands/ Watershed Protection
There are federal and state grants provided to non-profits, private owners or local government agencies to help research the protection of wetlands: water surface protection areas, streams, ponds, water supply, surface drainage or vernal pools. In the City of Salem there are many wetlands, including buffer zones that need immediate protection from the threat of proposed development. The property owners or jurisdictions there of, in which land contains wetlands in Salem include: The City of Salem, The City of Peabody, and Camp Lion. There are also non-profits who rent-lease or operate programs through these woods. In protecting the environment and water quality, for those in ownership, care of or jurisdiction of these wetlands/ watershed areas might find the following link useful from the EPA (United States Environmental Protection Agency) on how to obtain grants for research and protection of the waterways around Spring Pond. Hope this link is helpful... http://www.epa.gov/region1/topics/ecosystems/wpdg.html
Fractures
Continuing with the inquiry of underground waterways from the previous post 'Intro: Watertable', there are some indications from test borings and field observations concluding there are in fact numerous fractures in the rocky hills which highly likely serve as aquifers connecting to other waterways. Not only is there a concern with protecting surface drainage from pollution, there is a concern with protecting the water table below the surface and saturation levels, especially in valleys where intermittent streams run and connect in seasons or years of high flooding.
From topographical maps, and site studies, the locations of streams and the water table in the valleys and pockets of the hills can be seen, especially in 'wet seasons'.
3d model of site, using data extracted from Mass GIS, using the program Vectorworks, drawn by yours truly. |
One would typically assume ledge and rocky hills do not allow for water to percolate through the ground, but taking a closer look at the site conditions, it is easy to tell from a cliff's edge that indeed there are many fractures which run through the rock.... In some cases these fractures result in springs and contain or carry water through. We will study the location of some fractures, from the test borings in a later post.
Blasting is a concern which others have expressed, which might affect the existing underground waterways. There will be blasting needed over an enormous area to level the hilltop for a proposed Lowe's (25'± deep) and the ledge around a proposed expanded Wal-mart (45'± deep), which could create further fractures and disrupt existing connecting waterways around Spring Pond, The City of Peabody's reservoir. The concern includes the Dibiasi subdivision which has already begun blasting on the Marlborough Rd side, moving further into the woods.
Intro: Watertable
Most of our research and studies of the area's ecology have been concentrated above ground, of the hilly surface conditions that exist around Spring Pond: woodlands, habitats, topography, wetlands and watersheds (Water Surface Protection Zones, Streams, Vernal Pools, flooding and drainage).
When concerned with major projects (like the proposed Lowe's and expanding-Walmart) near important waterways around Spring Pond, The City of Peabody's water supply, the water cycle should be the front environmental concern. Water is vital to life in many ways, and we need to work harder in protecting Spring Pond and the waterways around it.
One may say there is no water table below the rocky hills around Spring Pond, but there are ways to gather facts from boring logs. In future posts, we will study the boring logs and site conditions from the proposed project (where a core sample of the earth has been taken x-ft below the ground surface). The logs will tell us where the water table is, and if the results were taken in a dry or wet season. The log results will define the physical characteristics of the soil conditions. But before studying the underground conditions of the site, it is essential to understand the meaning of 'watershed', 'water table', 'aquifer', and 'ground water'.... and how close threatening projects are to these waterways.
Beginning with understanding ground water, there is a hundred times more water beneath the earth's surface than there is in all the lakes and streams above the surface in the world. Even fractured bedrock may contain and carry water as an aquifer through the voids of fractured bedrock. Read more here from the USGS: http://ga.water.usgs.gov/edu/earthgw.html
An example of under ground water through an aquifer, and surfacing in a valley as a stream or river.
Blog news: Salem Councilor-at-Large Candidates' responses
Some Salem candidates for councilor-at-large sort-of addressed their views regarding a proposed shopping center construction in Spring Pond Woods (The 'Lowe's/ Walmart-expansion'). Some candidates did not share a view. Posted on the Salem Patch.
Link: salem.patch.com/articles/at-large-candidates-answer-commercial-development-in-salem#comments
Link: salem.patch.com/articles/at-large-candidates-answer-commercial-development-in-salem#comments
News: Walmart donates 500,000 to rejuvenate urban ecosystems
But does Walmart care that the store expansion in Salem MA will blast a portion of Spring Pond Woods?
News: Walmart Donates $500,000 to Help Rejuvenate Urban Ecosystems
Link: http://www.prnewswire.com/news-releases/walmart-donates-500000-to-help-rejuvenate-urban-ecosystems-126773878.html
Thanks to a Salem resident who shared this news.
News: Walmart Donates $500,000 to Help Rejuvenate Urban Ecosystems
Link: http://www.prnewswire.com/news-releases/walmart-donates-500000-to-help-rejuvenate-urban-ecosystems-126773878.html
Thanks to a Salem resident who shared this news.
Older News Article: Local author writes about Spring Pond
In this undated news article which someone has shared, Leslie Courtemanche writes about the region of Spring Pond. Leslie has written two books on the area close to her home in Lynn, near the borders of Peabody and Salem. Her grandparents survived the Great Salem Fire of 1914 and settled in the Fay Estate, where her family has lived ever since. Her father taught her to appreciate nature, teaching her the names of birds and flora. When walking through the woods with Leslie, its easy to appreciate the knowledge she shares and of which that is nature. She has more than common knowledge of identifying the sounds different species of birds. Leslie in the past, has also given lectures in Lynn and Peabody on the various resources that exist around Spring Pond.
News: Turtle Stone inquiries from different parts of Salem
In this month of August, an architect and historian, John Goff publishes an article on the presence of Native American Stones including Turtle Stones in other parts of Salem!
Salem Gazette, John Goff: Salem's natural petroglyphs, August 18, 2011.
http://www.wickedlocal.com/salem/news/lifestyle/columnists/x386667459/John-Goff-Salem-s-natural-petroglyphs#axzz1VkzSa1nb
A reference in this news article, relates to an earlier article written by Mr. Goff in December of 2010, with further information on Native American Turtles and Stone Turtle sightings in Salem. (www.wickedlocal.com/salem/news/lifestyle/columnists/x2068978333/John-Goff-Tutored-by-turtles#axzz1VlXADl8X)
Here also, in Spring Pond Woods, I have come across what possibility resembles several Native American Turtle Stones. See photos here: www.springpondwoods.com/2011/07/turtle-stones.html?utm_source=BP_recent
The questions and claims from different sites arise, on early Native American remnants in Salem and surrounding regions.
Salem Gazette, John Goff: Salem's natural petroglyphs, August 18, 2011.
http://www.wickedlocal.com/salem/news/lifestyle/columnists/x386667459/John-Goff-Salem-s-natural-petroglyphs#axzz1VkzSa1nb
A reference in this news article, relates to an earlier article written by Mr. Goff in December of 2010, with further information on Native American Turtles and Stone Turtle sightings in Salem. (www.wickedlocal.com/salem/news/lifestyle/columnists/x2068978333/John-Goff-Tutored-by-turtles#axzz1VlXADl8X)
Here also, in Spring Pond Woods, I have come across what possibility resembles several Native American Turtle Stones. See photos here: www.springpondwoods.com/2011/07/turtle-stones.html?utm_source=BP_recent
The questions and claims from different sites arise, on early Native American remnants in Salem and surrounding regions.
Bats
Sometimes at night, one may see a bat or two fluttering in the dark sky. We hope the skies remain dark for many reasons, and protecting the wildlife habitat is a major reason why. A friend shares photos of newly constructed bat houses on or near the edge of Camp Lion.
They write:
"This kind of housing development...I'm not opposed to. Also, you may want to note that two species of bats are on the NHESP list, and it may be difficult to verify if these are here."
Some interesting information on bats:
www.massaudubon.org/Nature_Connection/wildlife/index.php?subject=Mammals&id=20
They write:
"This kind of housing development...I'm not opposed to. Also, you may want to note that two species of bats are on the NHESP list, and it may be difficult to verify if these are here."
www.massaudubon.org/Nature_Connection/wildlife/index.php?subject=Mammals&id=20
Letter: Transfer station lease fails to give closure
Across Rt-107 from Spring Pond Woods is an old trash facility at 12 Swampscott Rd, in which Lowe's was considered for an alternate site. If chosen this site, this forest, wetlands and waterways would have been saved. Thomas Kennedy of the Kennedy Development Group who is proposing the super shopping center construction for Lowe's and a Wal-mart expansion, said to me in person last October (journal) during a Salem Public hearing, that this land was expensive to clean for the project. I question the expense vs building on the hilly terrain of Spring Pond Woods. Here we have a complicated site, with many resources to protect.
Read more: Letter: Transfer station lease fails to give city landfill closure - Salem, Massachusetts - Salem Gazette
News: Lowe's pursues to build on wetlands in Florida and looses
Here is somewhat of a similar case with Lowe's wanting to construct on wetlands near important watershed area (as we have here surrounding Spring Pond Reservoir).
In Florida, the zoning of an area was amended to permit Lowe's (just like here in Salem) to build on wetlands near the outskirts of important waterways. Earlier this year, the multi year battle ended with Lowe's loosing the case, after the company tried to appeal the restrictions in court.
Links: http://summitcountyvoice.com/2011/03/02/florida-court-nixes-lowes-development-near-everglades/
http://www.environmentamerica.org/news-releases/parks-open-spaces-wild-places/parks-open-spaces-wild-places/victory-gov.-crist-florida-cabinet-hold-the-line-for-the-everglades#idk4besKTQxRs5pUl_M5ADVQ
In Florida, the zoning of an area was amended to permit Lowe's (just like here in Salem) to build on wetlands near the outskirts of important waterways. Earlier this year, the multi year battle ended with Lowe's loosing the case, after the company tried to appeal the restrictions in court.
Links: http://summitcountyvoice.com/2011/03/02/florida-court-nixes-lowes-development-near-everglades/
http://www.environmentamerica.org/news-releases/parks-open-spaces-wild-places/parks-open-spaces-wild-places/victory-gov.-crist-florida-cabinet-hold-the-line-for-the-everglades#idk4besKTQxRs5pUl_M5ADVQ
Traffic engineering study in August?
This past week, during the week days in the relaxing month of August, surveyors were seen in front of Wal-mart on Highland Ave (Rt 107) and a Beta Group truck was seen on Eastern Ave, Lynn near the intersections of Western Ave (Rt 107), where traffic is said to be affected by the proposed Wal-mart expansion and new Lowe's.
If an engineering study on traffic is being conducted in the slowest month of travel in August, (where most are on vacation not commuting to work or school)... then the study on existing traffic volume and patterns is not responsibly represented to its fullest degree.
If an engineering study on traffic is being conducted in the slowest month of travel in August, (where most are on vacation not commuting to work or school)... then the study on existing traffic volume and patterns is not responsibly represented to its fullest degree.
Some facts on Traffic regarding this project
In a letter by The Secretary of State, dated Feb 19, 2010, the following is quoted:
- "In addition, the project will generate an additional 5,960 average daily vehicle trips (adt) for a total of 13,292 adt and a total of 17,716 vehicle trips on an average Saturday."
- “’Big box’ stores such as the proposed Lowe’s and Wal-Mart are large energy users and generate considerable traffic, both of which result in significant emissions of greenhouse gasses that contribute to global climate change.”
Wetland impact: East Stream
One of the biggest concerns of the area will be the impact on wetlands by proposed future 'developments'. For example, one of the streams which flows into a waterfall is faced by the threat of a Lowe's building. The impact to this stream alone is highly likely to exceed the 5,000 sf max. allowance in Massachusetts for impact on wetlands.
According to documents, the Lowe's impact on wetlands is said to be "4,585 sf".
Refer to ENF report for numbers: www.env.state.ma.us/mepa/mepadocs/2010/010610em/nps/enf/14532.pdf
Refer Salem Citizens website for drawings and numbers: salemcitizens.org/issues/Lowes/Front%20End%20Charts.pdf
The summary of BVW "A", "B" and "C" in the image below equals 4,585 sf.
However...
However...
...as one studies the amount of wetland vegetation within these given boundaries and measures the drawings, the amount of wetland affected exceeds 5,000 sf by a great number. In my own personal investigation of the drawings, I've taken a conservative measurement to find the bvw wetland alteration is minimally 7,170± sf (excluding 'bank' area, and expanded work in buffer areas). Others have found these numbers to be higher.
A big question (for me at least) remains. Are the flags in the field correctly drawn in plan? It is discovered that some of the flags have duplicate numbers, and some of the measurements between the flags were shorter in distance than shown on the plan. Theoretically, if this is true, this could possibly mean that the stream in plan is extended at the thinner portion, causing the top thicker end of the stream on paper to be excluded from the calculations of the affected area? This is only a question. The only way for me to understand the conditions in the field is to have someone verify the locations of the flags with a handheld gps locator that has an inch or less tolerance, or other method of survey. But this investigation for me is not extremely important as we already discovered, that by measuring the drawings, the wetland alterations exceed the allowable limit by a great amount.
To measure the drawings:
Print the drawing below to scale (using the scale bar as a reference) and measure by using a series of triangles to calculate the affected wetland flagged area. Or import the drawing into a drawing program, using the scale bar as reference, and then trace over the affected area using a polygon tool, resulting in a calculation of the area. Use the drawing below found on Salem Citizens website (click here).
Peace on
It is time to surrender at the shores of Spring Pond. In a peaceful departure, a 30 foot high, wooden lion statue made from fallen trees, will be left as a favorable gift of charity to the developer, politicians of Salem, Wal-mart, Lowe's and the Lynn Lions (Camp Lion) to roll over the highest forested hilltops for all to admire in surrounding townships.
Stay tuned!.... When the sun sets, there will be some details posted on big arguments, a proposed project (expanded Wal-mart and Lowe's) faces. There is much to share.
peace on
Stay tuned!.... When the sun sets, there will be some details posted on big arguments, a proposed project (expanded Wal-mart and Lowe's) faces. There is much to share.
peace on
tropical rainforest interest?
Spring Pond Woods is not a tropical rain forest, but it does have many wetland areas.
Here is just an interesting fact about Lowe's... In the year 2000, The Environmental Investigation Agency (EIA), commended Lowe's for removing dowel's from the shelves, made from tropical rainforest wood in Indonesia.
Link: http://www.eia-international.org/cgi/news/news.cgi?t=template&a=36
Six years later, in 2006, Lowes's was accused of making false environmental claims, as the company admitted a veneer product was coming from an unknown area in Papua, Indonesia, where a tropical rainforest is continuously under threat from illegal logging. The corporation, Lowe's could not prove the wood came from a legal source.
Link: http://news.mongabay.com/2006/0323-png.html
'Green' until caught 'red-handed'?
..........
Lowe's environmental policy today declares to protect the world's threatened forests.
Link: http://www.naturalstrategies.com/lowes-virtual-press-kit.htm
'Spring Pond Woods' matter to Lowe's?
Here is just an interesting fact about Lowe's... In the year 2000, The Environmental Investigation Agency (EIA), commended Lowe's for removing dowel's from the shelves, made from tropical rainforest wood in Indonesia.
Link: http://www.eia-international.org/cgi/news/news.cgi?t=template&a=36
Six years later, in 2006, Lowes's was accused of making false environmental claims, as the company admitted a veneer product was coming from an unknown area in Papua, Indonesia, where a tropical rainforest is continuously under threat from illegal logging. The corporation, Lowe's could not prove the wood came from a legal source.
Link: http://news.mongabay.com/2006/0323-png.html
'Green' until caught 'red-handed'?
..........
Lowe's environmental policy today declares to protect the world's threatened forests.
Link: http://www.naturalstrategies.com/lowes-virtual-press-kit.htm
'Spring Pond Woods' matter to Lowe's?
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