PEABODY — Salem Country Club and Mayer Tree Services were each fined nearly $70,000 by the Conservation Commission for their roles in illegally removing trees without prior approval from the commission.
The country club and Mayer Tree were fined $300 per tree removed, for a total of $69,900 in fines for the 233 trees removed. The fines come in addition to a sum of $22,502.50 in bills to the club approved by the commission for the ongoing restoration work stemming from the tree removal.
The fine of $300 per tree removed had been recommended by Conservation Agent Lucia DelNegro, though Commissioner Amanda Green said she felt the commission should be imposing heavier fines, suggesting that the club should have to pay fines of at least six figures for the tree removal.
“They took out trees, they took out areas … it’s so much more than each tree, I mean Jesus,” Green said. “I think from the commencement to the enforcement order there’s some wiggle room in there with adding at least a six-figure amount.”
“You don’t have to go each day between commencement and enforcement order, I just think it should be more, it should be at least double that,” Green added.
Commission Vice Chair Michael Rizzo said he didn’t disagree with Green, but added that Michael DeRosa of third-party peer review consultant DeRosa Environmental Consulting, Inc. told commissioners that the fines suggested are “where they should be right now.”
Green acknowledged that the club has “followed through with everything” the commission has asked since the issuance of an Enforcement Order.
“They have followed the enforcement order, they’ve done a great job … but prior to this it’s like they ask for forgiveness instead of permission,” she said.
Last month, the commission issued an amended Enforcement Order, requiring the club to completely restore the lost tree canopy to full canopy in 10 years.
“They are willing to restore and go along with our restoration plan … I know it’s a small amount when you’re talking about the size of the trees alone,” added Commission Secretary Michael Vivaldi.
The club had obtained commission approval in January 2022 to remove 20 trees on the sixth and seventh holes under an existing order of conditions. A few days later, DelNegro received inquiries from city officials asking if the club had permission to remove trees. DelNegro also received anonymous complaints that tree cutting was not limited to those two holes and that other protected areas were being altered.
A site visit on Jan. 27 confirmed there had been tree removal in jurisdictional areas, large amounts of wood chips had been blown into buffer zones, and the bank of an irrigation pond had been altered.
The commission issued a verbal cease-and-desist order. Violation orders were issued in late January to the club and Mayer. The club confirmed at a special hearing in March that a minimum of 205 trees were removed within conservation jurisdiction.
In June, the club filed suit against the commission in Salem Superior Court, seeking relief from the May 3 Enforcement Order issued by the commission. The club wrote that the action was necessary “to review and correct errors in proceedings conducted by the Conservation Commission of the City of Peabody.”
The enforcement order, the complaint reads, imposed “arbitrary, unreasonable, and punitive requirements for [Salem Country Club] to replant an unwarranted number of trees.”
At a commission meeting earlier this month, DeRosa summarized his findings on the extent of the loss of tree canopy caused by tree removal. The assessment is attached to the order.
“The take-home message from this assessment is to give the commission a sense of the extent of canopy loss and impact to resource areas and buffer zones and to give the club and their consultant some direction for what the commission is going to be looking for in an amended restoration plan,” said DeRosa.
DeRosa said a total of 9.3 acres were lost with 3.9 acres occurring in jurisdictional area with a majority of removed trees having a 20-inch – 36-inch diameter.
Lazares said the canopy loss is equivalent in size to nine football fields and asked if invasive species are taking over.
“These areas are different from what was there before,” DeRosa said. “The shade-tolerant species will be moving out and the sun-tolerant species are coming in. Part of the restoration plan needs to address those areas… to avoid becoming a seed source for invasive species.”
DeRosa said he also detected areas containing wood chips ranging from 6 to 17 inches in depth, saying “that needs to be removed…otherwise tree growth is suffocated.”
The club has until Dec. 15 to remove wood chips greater than two to four inches in depth in all areas. The method of removal shall be approved by DelNegro and DeRosa.
“The club has been ready, willing, and able to clear out the thicker areas of woodchips,” said club Attorney Barry Fogel. “Now that you’re giving the go-ahead on that, (course superintendent) Bill Rocco can talk to Lucia and Mike DeRosa and work out a method for getting those thicker areas of wood chips out of there immediately.”
The club has until June 30, 2023 to “implement the Restoration Plan as approved by the Peabody Conservation Commission.”
Functional restoration of altered wetland resource areas and buffer zones must be completed by Oct. 31, 2027. A final monitoring report and an as-built plan describing the restoration work must also be submitted to the commission by the same date.
The order also requires the club to ensure a wetland scientist is on-site to supervise the restoration and verify that the work is being conducted in accordance with the Restoration Plan.
Failure to comply with the order may trigger additional legal action under the Wetlands Protection Act including a fine of not more than $25,000 and/or imprisonment for not more than two years or a civil penalty of not more than $25,000 for each violation. Under the act, each day or portion thereof of a continuing violation constitutes a separate offense.
Material from a previous Item story was used in this report.
