PEABODY — Let’s just say that Salem Country Club has a serious case of tree trouble.
The city’s Conservation Commission has issued violation orders to the club and Mayer Tree Service for illegal tree removal in connection with a $3.5-million, course-renovation project the club began last fall.
Representatives from the club and Mayer have been ordered to appear at the commission’s next meeting on Wednesday, Feb. 9 at 7 p.m. The meeting will be conducted virtually on Zoom (meeting ID 857 3413 0501).
The order, addressed to the club’s General Manager Peter Fischl, states that the commission is “aware of a possible violation of the Massachusetts Wetlands Protection Act (Massachusetts General Laws Chapter 131, Section 40) and its regulation at 310 CMR 10.00, the local Wetlands and Rivers Protection Ordinance.”
The illegal activities include “removal of living trees/grinding/grubbing stumps in (a) buffer zone/in close proximity to jurisdictional-resource areas and depositing wood chips in buffer zones and along local riverfront woods, (which) may have impacted wetland-resource areas and/or associated buffer zones,” Conservation Commission Agent Lucia DelNegro wrote in the Jan. 31 order.
“We are extremely concerned with what is taking place with what appears to be a large-scale removal of trees,” Mayor Edward A. Bettencourt Jr. said Friday. “I know the city and the commission are trying to get a clearer understanding of what is going on there, and that the Conservation Commission has grave concerns on their end about these violations (observed by her on her site visit).
“I’ve talked with Lucia several times and unfortunately, with the weather and the snow it’s harder to get in there now and assess what is going on.”
The club has been ordered to “cease and desist any future activities as discussed at the Jan. 27 site visit” conducted by DelNegro. Nonetheless, the day after the site visit, people wishing to remain anonymous spotted maintenance equipment and staff on the eighth hole, in an area along the right treeline believed to be near a vernal pool.
The club must also submit a narrative of “the work that was done illegally” in local- and state-protected buffer zones, identify work that was done without a wetlands permit and provide the commission with information on the total number of trees taken down in buffer zones. The club must also submit a restoration plan for where the illegal work was conducted on or before Feb. 23 at noon.
Mayer’s order refers to “illegal tree work in Conservation Commission jurisdiction” but does not contain any specific demands other than making an appearance at the meeting.
Both orders state that “failure to comply with the conditions of this violation order will be subject to the issuance of an Enforcement Order and possible fines.”
“It’s the responsibility of the commission and the city to protect water resources and wetlands, and we need to hold people accountable for violations,” Bettencourt said. “I know the commission always tries to work with people when violations may be caused by mistake or misunderstanding, but from what I know, this seems pretty serious and needs and deserves immediate and serious attention.”
The Wetlands Protection Act protects wetlands and the public interests they serve, including flood control, prevention of pollution and storm damage, and protection of public and private water supplies, groundwater supply, fisheries, land containing shellfish, and wildlife habitat. Community conservation commissions are responsible for the administration of the Wetlands Protection Act. On the state level, the Department of Environmental Protection (MassDEP) oversees administration of the law. MassDEP develops regulations and policies, and provides technical training to commissions. MassDEP also hears appeals of decisions made by commissions.
Specifically, the act provides that “no person shall remove, fill, dredge or alter any area subject to protection under this section without the requirement authorization, or cause, surfer or allow such activity, or leave in place unauthorized fill, or otherwise fail to restore illegally-altered land to its original condition, or fail to comply with an enforcement order issued pursuant to this section.”
Violations carry a fine of no more than $25,000 and/or imprisonment for no more than two years for each violation or a civil penalty of $25,000 for each violation.
“These are serious penalties, as these are serious issues that the state and local governments and environmentalists take very seriously,” Bettencourt said. “We are fortunate that we have a very experienced group on the commission who are very knowledgeable and will hold people accountable when there are violations.”
The 18-hole course, designed by famed architect Donald Ross, has been located at 133 Forest St. since 1925.
Fischl did not respond to a request for comment.