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Showing posts with label Inconvenient Truths. Show all posts
Showing posts with label Inconvenient Truths. Show all posts

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  Lowe's has withdrawn from building here since this video was made, but the threat of development still continues.

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?


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Event
"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."
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

LEED please

Back on Sept 30, 2010, a member of the Salem Planning Board made a preference to have a LEED (Leadership in Energy and Environmental Design) certified project.  This seems impossible because the location of the project does not meet the checklist of LEED's Site Selection regarding loss of undeveloped land and wetland, including loss of open space, wildlife habitat, issues of storm water discharge, and so forth.

The planning board member, by this statement, highly expresses a lack of knowledge of the site and project details, to which a judgement was placed upon.


Below is a copy from the meeting minutes w/links to LEED info.

Salem Planning Board
Minutes of Meeting
September 30, 2010

http://salem.com/Pages/SalemMA_PlanMin/2010Minutes/S02CEF103

Copy from meeting minutes (if link breaks above):
"Helen Sides wanted to hear more about sustainability and asked if Lowe’s would receive LEED certification.  Rob Jess said no, but it would meet many LEED requirements nonetheless without undergoing certification; Ms. Sides expressed her preference that it be LEED certified, or at least the best possible green design that a Lowe’s can be."  

LEED reference: (copy)
Sustainable Sites
"Site selection and development are important components of a building’s sustainability. The Sustainable Sites category discourages development on previously undeveloped land; seeks to minimize a building's impact on ecosystems and waterways; encourages regionally appropriate landscaping; rewards smart transportation choices; controls stormwater runoff; and promotes reduction of erosion, light pollution, heat island effect and construction-related pollution." http://www.usgbc.org/DisplayPage.aspx?CMSPageID=1989

LEED checklist:
http://www.usgbc.org/ShowFile.aspx?DocumentID=1095

Whistleblowers

The Whistleblower Protection Act in Massachusetts, protects people for reporting a wrong doing, even if they signed a confidentiality agreement.  

A whistleblower is any person, or group of persons, who take it upon themselves to raise an alert about a possible wrongdoing.  Whistleblowers speak out when no one else will, and right a wrong to which many would rather ignore.  In almost all cases, the whistleblower is a member of, or have a vested interest in an agency or organization being informed on.  Under state and federal law, several protections apply to whistleblowers in Massachusetts.

The alleged wrongdoing can be any number of things, to include violations of internal policies as well as local and federal laws.  These things may be indicators of a culture of fraud or corruption within the organization, but the alleged wrongdoing is almost always a standalone threat to public interest or society in general.  
Internal whistleblowers, with first-hand knowledge of violations as a member of their organization, are often put under pressure when they attempt to report these violations. The fear of punishment for not keeping quiet about possible misconduct makes many people hesitant to speak up.

For these reasons, if you know of a possible wrong doing or inconvenient truth, which affects public interest, please do not hesitate to contact an attorney and seek protection under the Whistleblower Protection Act.  Please, do the right thing, for public good.


Note:  This message is not from an attorney or an expert in the Whistleblower Protection Act.  Please seek an attorney for legal advice.

Salem business - THE TEXT AMENDMENT

Remember this video, by Joyce Jr. Production... 
Paving over Salem: Driscoll's Corporate Priority
An informative video presenting the impact of the proposed Lowe's/ Super Wal-mart in Spring Pond Woods, and Salem's re-Zoning to make it all work.


To better understand the 'text amendment' zoning change, the following quotes are taken from meeting minutes from a Salem Public Hearing on Sept. 3, 2008.


.....
"The catalyst for this ordinance amendment was the talk for the development of Camp Lion and Walmart" said Lynn Duncan, Salem City Planner.  She also said "the Planning Board needs to look at the requirements regarding traffic, run off, density and that there is no overall impact in the area that it's in harmony with the area."  (harmony, huh?)


Driscoll adds "it's preliminary but we have been approached by Lowe's."  "We need to avoid a piece meal approach.  We want to make sure this works for everyone.  This is a text amendment." (avoid piece meal approach, huh?)


Councillor Sargent - "that on the other side of Swampscott Road you always get 500 signatures against development."  (I guess the Lynn/ Peabody side does not matter, and neither do the hundreds of petitions gathered here :(
Good Councillor Sargent then stated "this is an ENDRON around zoning."


Councilor Sosnowski asked "if Loew's could come in with the current zoning?"
Lynn Duncan stated - "no


Attorney Correnti - "Abutters are notified if there is land being rezoned.  This is amending the Planned Unit Development text."  (Abutters did not have to be notified?)


Attorney Sarno for Camp Lion of Lynn- "Major concern is to be a good neighbor to the City of Salem" (How about the other cities?)


Councilor Furey- "We need to have confidence in the Planning Board."


"no public comment"  (one question!... Is this spot zoning?)









pray for others

It has come to attention, the former mayor of Lynn who has written a letter of support for the Lowe's/ Super Wal-mart project this past summer... has a serious case of alzheimer's.  Alzheimer's is a disease which causes problems remembering, and thinking.  It is questionable if he has written the political based letter himself, or if someone has taken advantage of his condition and written the letter for him subjecting him to political criticism.  The news of his condition has been shared by his family member and someone from the neighborhood.  Lets pray for his health.


Link to letters:  
www.springpondwoods.com/2010/08/in-news-lowes-good-or-bad.html

peace

WHO ARE THE LIONS?

Thank you to a friend of a friend, who found this old pamphlet from the Lynn Lions, in their mother's items.  "WHO ARE THE LIONS?" is an introduction to the charitable work of the Lynn Lions Club.  

"In 1945, the Lynn Lions Club purchased 90 acres of land in Salem at the Lynn line 
for the purpose of establishing camp facilities for area Girl Scout Councils."

"The colors Purple and Gold
To Lions, purple stands for loyalty to country, friends, one's self and the integrity of mind and heart.  It is the traditional color of strength, courage and tireless dedication to a cause.  Gold symbolizes sincerity of purpose, liberality in judgement, purity in life and generosity in mind, heart and purse toward his fellow man."

"As we look at the many successes of our club, we (the Lions) can't help but to rededicate ourselves to continue the work of Lions before us and to invite others to join us in our efforts; remembering always that...."

Many hope the current day Lions remember and respect the efforts and vows of the older day Lions, to continue on with good will and heart in the same mission.  Click to view...


Peace 

Complaint filed to Attorney General, asking Camp Lion to end deal!

In the news:  Big Box opponents from Lynn ask AG to kill deal, by David Liscio for The Daily Item.

Former Lynn city councilors filed a complaint with the Attorney General, asking to have the deal made by Camp Lion to develop the land be terminated.  The Lions organization is violating the mission of the charter, to protect the environment.  According to a Lions member, this is not the first time the organization has violated the charter's mission.   
To read more, click on image...


peace

Some notes from the SPB Meeting

Here are just some notes from the Salem Planning Board Meeting, Sept 30, 2010.  The newspapers will likely pick up other mentions.


Generally, there are lots of unanswered questions remaining.  No real solution for drainage is found.  The developer proposes to use a drainage system that holds back the water in a storm, and releases water slowly, every 12 hours.  But the Salem Planning Board did not find this to be a proper solution.  Because as we all know, when it rains here, it rains for more than 12 hours some days.  And letting this water go at intervals into the streets, where there is already flooding occurring, is not a wise idea, nor in my opinion an improvement.


The plan did show a slight change where the entry road to the camp is now through the middle, between Lowe's and Walmart.  Some consider this an improvement for traffic, and I see it as a disaster for the camp ground.  The camp road will wind around back, where trucks also drive through to unload.   My first thought... is this really a safe idea for kids? - First to have the same access road for a camp ground for children, where stores like Lowe's and Wal-mart have attracted crime: shoplifters, thieves in the past? Having an escape route into the woods, near a children's camp?   Second, how feasible is it to have the camp access road, the same with trucks?


The storm basin for Lowe's grew.  One person commented on the issues with this.


A person on the Planning board asked the developer to look into the issues if the storm sewer conditions on Highland Ave could be fixed before a decision is rationally made, instead of after... and who will pay for it... Salem or the developer  (wise question).  The developer said, it wouldn't be cost efficient for them to make this determination now for the Salem Planning Board's decision, because they will likely have to make one with the state too.  The Planning board person continued to ask "How hard is it to have someone look underground?"


Two persons on the Planning Board made mention of sustainable systems - why Walmart is not presenting a building like this... and why is Lowe's or Walmart not going for LEED certified building.  (In my opinion.. (just an opinion) a green building cannot justify the destruction of an environment + the added increase in greenhouse gass emmissions contributing to global climate change from traffic congestion.  A green building can really offset all this?)


The developer presented facts such as:  There are no endangered species or historic resources listed on the site, and showed a dimension line on the drawings of how far Lowe's was from Spring Pond,  but failed to speak of the streams and contours of the site, and the possibility that these streams connect to Spring Pond.  (There is a new report to share soon).  One of the reps from Lowe's said they had an environmental person visit the site and search for endangered species - but I don't think this can be analyzed in one season as plants appear in different times of the year and animals migrate.  I have reports of endangered species in the abutting area sent to the state from someone, but cannot post them here (to protect the animals).


There was a room full of labor union workers, wearing Lowe's stickers and holding signs.  Some people left half way through the presentation before it was open to the public for comment.  There was not much commenting this time around in general.  A union person did ask for Lowe's to commit to the union labor now... (smart before the unions carry on voicing the project through the public hearings).


One member of the Salem Planning Board, Mr. Tim Ready, lead me into the hallway after the meeting to speak with him.  He said in front of others-  "You are very good in what you say and are very persistent, but will not win this.  It is better if you ask them (the developer), what they or this project can do for you instead. [pause] They are listening to you. You have them listening."  
Now if I am being listened to, why should I stop speaking?  Only THIS statement has managed to make me silent in the brief moment it was said... that's about it.   My response (as he quickly turned to walk away):  "Try to see this pass with state agencies".

peace on

BPD+PUD rezoning amendment

In August of 2008 a letter regarding the Proposed Zoning Amendment at the time was drafted, highlighting Camp Lion as a charitable organization with 74.34 acres, to be rezoned into an 'ALL USES' lot.   The video below talks about this special "Text Amendment" change.   What is interesting under the Special Permit criteria (p. 2, point 3.), that is required:  "The planned unit development would not result in a net negative environmental impact."





Lets assess the environmental impacts:
  • “’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.”  ~ The Secretary of State said in a letter to the developer on Feb. 19, 2010: www.env.state.ma.us/mepa/mepacerts/2010/sc/enf/14532eenf.pdf
  • Wetlands impacts
  • Loss of 20-30 acres of trees (estimate includes 15 acres sold to Lowe's from Camp Lion; 4 acres given to retailer from Salem Public parcel; additional acres given to Walmart to expand; additional acres of Camp Lion given to Salem (public) for tower; additional acres of Camp Lion land cleared for new 'camp pad'.
  • Wildlife habitat impact
  • Loss of human environment, in reduction of open-space
  • Loss of human environment, in potential historic & archeological resources
  • Increase in impervious surfaces
  • Increase in flood area 

Making facts out of Lowe’s fiction

Letter to the Editor:  Making facts out of Lowe's fiction, The Daily Item,  Sept. 24



REFERENCES:
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


Environmental pollution

Economic studies-


Text from letter in paper...
Making Facts Out of Lowe’s Fictions
We appreciate the opportunity to make our community aware of the real facts, in response to the “FACTS” provided by the executives of Lowe’s Companies, Inc. Northeast Real Estate Division in the editorial, “Lowe’s committed to community” (The Daily Item, Sept. 21, 2010) and the editorial "Record shows Lowe's can and will be a good neighbor" (The Salem News, Sept. 22, 2010).
In response to the executives’ statement that the “Lowe’s Project Has No Direct Infrastructure Connections to Lynn’s Water and Sewer System”, one must wonder why Lowe’s further admits that “conversations with Lynn Water & Sewer are ongoing.” Although there is no “direct” connection into Lynn’s system, there is no refuting the fact that water flows downhill and will enter into several catch basins in Lynn.  This is just one more example of how Lynn, through its ratepayers, is subsidizing this Salem project with no benefit to Lynn (not to mention the Salem sewer system on Highland Avenue cannot keep up with the flooding from a rain storm ~ just my notes).


As for protecting the environment, be weary of Lowe’s relying on its award winning  “Stormwater Pollution Prevention Plan”. Not only was Lowe's fined $137,500 by the Environmental Protection Agency for failure to adequately control storm water run-off at 4 Massachusetts construction sites in 2003, it was most recently fined by Mass DEP in April, 2010 for polluting groundwater in Pembroke and another Lowe's developer was penalized by Mass DEP in May, 2010 for violation of a wetland in Hadley. Lowe’s misleads us on the reliability of its award-winning pollution prevention plan, evidenced by these most recent failures. How can the residents of Peabody, whose water supply is Spring Pond, be assured its drinking water won’t be victimized by Lowe’s next environmental disaster?


Regarding the issues of traffic for the Super Wal-Mart/Lowe’s project, no substantive proof of how mitigation will improve traffic in this area has been provided to Salem, Lynn, or its residents. When asked about traffic increases at the most recent Salem Planning Board meeting on Sept. 16, Jason Plourde, an engineer for the project, told the audience the increased amount of cars along Highland and Western Avenues would number between 1,000 and 2,000 a day. This does not echo the letter written by Secretary of Energy and Environmental Affairs Ian Bowles on February 19, 2010 in response to the development’s Expanded Environmental Notification Form submitted on Jan. 6, 2010. The Secretary’s letter states:  "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." Further, it states “’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.” The “FACT” is Lowe’s manipulates the “FACTS” to ease the concerns of our communities without care of accuracy or consistency, but we don’t need lip service, we need the truth, something Lowe’s is apparently not willing to pay for.


Finally, the executives of Lowe’s state as ”FACT”,  “When you really think about it, competition keeps us all on our toes.” What they mean here is competition between Lowe’s and Home Depot, or Wal-Mart and Target, is what keeps them on their toes. These big box retailers decimate locate small businesses and have a take-no-prisoners approach to market share. While Lowe's is headquartered in North Carolina, our local businesses that keep their profits local will be pushed aside. Where will the economic gains from this development go? Answer: to top executives and in this case... out of state. Lowe’s executives estimate this project will “bring up to 150 new jobs”. Is this really creating new jobs, or is it a transfer of jobs from local businesses that will close and layoff their workforce? We don’t blame the trades unions for supporting this project. We all know these workers and their families are devastated from this economy, but we stress the fact that this project has a long way to go in terms of permitting and state approval. Anyone who believes this project will be up and running within a year or two is being misled. Don’t fall for a bad project in bad economic times, just to face the negative effects when good times come rolling back.


“FACT” is, this project does not belong at that location, but when have Lowe’s and Walmart ever let a “FACT” get in the way of a bad development?




Signed,
Leslie Courtemanche, Judy McCarthy, 
Deborah Smith Walsh, Katerina Panagiotakis
                                        Lynn  
Elizabeth N Devereaux
Cynthia Stamatopulous
                                             Peabody
Scott Morgan
                                         Salem 



peace

Letter: Not Happy with Councilor's Attitude

Letter to the Editor:
Not happy with councilor's attitude
Salem News, Sept. 24, 2010

Concerning the Sept. 20 article about Lowe's foes launching an e-mail campaign, I think it's ironic that Salem Councilor-at-large Joan Lovely seems to be berating out-of-state and out-of-city concerned citizens for their opposition to the Lowe's/Walmart/Meineke/Water Tower project.

Ironic, because (read more here...)

Alternative Site Considerations?

These past alternative site considerations for the project are found on salemcitizens.org.  Site 'A' is the Transfer Station, which is now proposed to become a new sewage trash dump.  Not sure how old these drawings are, or why Home Depot and Target is pin pointed on here?  Although, it can be seen, that the areal in the drawing is at least taken from the year 2007 or earlier, because the roadway for Apple Hills is not present.  
Click on images to view.

The following drawing indicates the City of Salem zoning for the areas in pink to be BPD.  Were these drawings created before the 'text ammendment' zoning change of BPD to BPD+PUD?  As it appears, can a retailer call for a "Selected Site" on a BPD zone?  

From a statement made 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. No Plans have been submitted as of yet." (?)  
Meeting minutes:  www.salem.com/Pages/SalemMA_CouncilMin/2008minutes/S022875FF



peace

Video... Paving over Salem: Driscoll's Corporate Priority

Video Featuring... 
Paving over Salem: Driscoll's Corporate Priority
An informative video presentation 
 on the impact of the proposed Lowe's/ Super Wal-mart project 
and 
Salem's Zoning
conditions
.....
A Joyce Jr. Production

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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Anymore questions?


To download poster:  For best quality, click to open (zoom in), then right-click to save.