The Salem Country Club and Mayer Tree Services were each fined nearly $70,000 for their roles in the illegal tree felling. (File photo/Spenser Hasak)
PEABODY — The Salem Country Club and Mayer Tree Services have each been fined nearly $70,000 by the Conservation Commission for illegally felling trees without the commission’s prior approval.
The Country Club and Mayer Tree were fined $300 per tree removed, for a total fine of $69,900 for the 233 trees removed. In addition to the fines, there are $22,502.50 in bills to the club approved by the commission for ongoing restoration work related to the felling of the tree.
Conservation Commissioner Lucia DelNegro had recommended a fine of $300 per tree felled, but Commissioner Amanda Green said she believes the commission should impose higher fines, suggesting the club could face fines of at least six figures for the had to pay for tree felling.
“They cut down trees, they destroyed areas … it’s so much more than any tree, I mean Jesus,” Green said. “I think there’s some wiggle room from inception to the enforcement order by adding at least a six-figure amount.”
“You don’t have to alternate between the effective date and the enforcement order every day, I just think it should be more, it should be at least double that,” Green added.
Commission vice chairman Michael Rizzo said he disagreed with Green, but added that Michael DeRosa of independent peer-review consultant DeRosa Environmental Consulting, Inc. had told the commissioners that the proposed fines were “there are where they should be now”.
Green acknowledged that the club “has implemented everything” the commission has asked for since an enforcement order was issued.
“They followed the enforcement order, they did a great job … but before that it was like they were asking for forgiveness instead of permission,” she said.
Last month, the commission issued an amended enforcement order requiring the club to fully restore the lost canopy within ten years.
“They are willing to restore and follow our recovery plan… I know it’s a small amount just speaking of the size of the trees,” added Commission Secretary Michael Vivaldi.
The club had received commission approval in January 2022 to remove 20 trees on the sixth and seventh holes under an existing condition. A few days later, DelNegro received inquiries from city officials about whether the club had permission to cut down trees. DelNegro also received anonymous complaints that tree felling was not limited to these two holes and that other protected areas were being altered.
A January 27 site visit confirmed that trees had been felled in the jurisdictions, large quantities of wood chips had been blown into buffer zones, and the bank of an irrigation pond had been altered.
The Commission issued an oral injunction. At the end of January, the club and Mayer were issued orders for violations. The club confirmed at a special hearing in March that at least 205 trees in the sanctuary had been removed.
In June, the club filed a lawsuit against the commission in the Salem Superior Court, seeking a waiver of the Commission’s May 3 enforcement order. The club wrote that the action was necessary “to review and correct errors in procedures by the City of Peabody Conservation Commission.”
The enforcement order, the complaint states, provided for “arbitrary, unreasonable and punitive requirements for.” [Salem Country Club] to replant an unjustified number of trees.”
At a commission meeting earlier this month, DeRosa summarized his findings on the extent of canopy loss from tree felling. The assessment is attached to the order.
“The conclusion of this assessment is to provide the Commission with a sense of the extent of canopy loss and the impact on resource areas and buffer zones and to provide guidance to the club and its advisor on what the Commission will be looking for in an amended restoration plan” , DeRosa said.
According to DeRosa, a total of 9.3 acres were lost, with 3.9 acres lost in the jurisdiction and most trees removed were 20 to 36 inches in diameter.
Lazares said the canopy loss was equivalent to the size of nine football pitches and questioned whether invasive species were gaining the upper hand.
“These areas are different than those that existed before,” DeRosa said. “The shade-tolerant species will migrate and the sun-tolerant species will come in. Part of the recovery plan needs to address these areas…to prevent them from becoming a seed source for invasive species.”
DeRosa said he also spotted areas that contained wood chips from 6 to 17 inches deep, saying, “These need to be removed … or tree growth will be stifled.”
The club has until December 15 to remove wood chips more than 5 to 10 cm deep in all areas. The removal method must be approved by DelNegro and DeRosa.
“The club was ready, willing and able to use wood chips to clean up the thicker areas,” said club attorney Barry Fogel. “Now that you’re greenlighting it,[instructor]Bill Rocco can talk to Lucia and Mike DeRosa and work out a way to get those thicker areas with wood chips right away.”
The club has until June 30, 2023 to “implement the restoration plan approved by the Peabody Conservation Commission.”
Functional restoration of altered wetland resource areas and buffer zones must be completed by October 31, 2027. A final surveillance report and 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 that a wetland scientist is on site to oversee the restoration and verify that the work is being carried out in accordance with the restoration plan.
Failure to comply with the order may result in additional legal action under the Wetlands Protection Act, including a fine not exceeding $25,000 and/or imprisonment for a maximum of two years or a civil penalty not exceeding $25,000 for each violation. Under the law, each day or part of an ongoing violation constitutes a separate offense.
This report used material from a previous item story.
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