LYNN — During the Lynn Conservation Commission meeting on Tuesday, Commissioner Mike Toomey stepped out of his role as commissioner to give a public comment during the public hearing against Lynn’s enforcement order against the Town of Lynnfield.
The enforcement order is regarding an alleged breach of the Massachusetts Wetlands Protection Act (WPA) to the rear of 233 Judge Road in Lynn, which abuts the Nells Pond/Cedar Creek wetland between Lynn and Lynnfield.
According to the enforcement order, the Town of Lynnfield performed work that destroyed wetland vegetation, increased erosion in the area without erosion control measures, breached a drainage control berm, and, as a result, increased storm damage, all while violating the MA Stormwater Management regulations under the WPA. It also violated the City of Lynn Wetlands bylaw.
There was a blockage of Cedar Brook just downstream of Nells Pond, which was attributed to beaver dams. According to Toomey, Lynnfield was given an emergency certification to perform work by the Massachusetts Department of Environmental Protection, but only to remove those dams.
He said that he was told by Lynnfield that they were only trying to remove a beaver dam, and the situation got out of control.
Toomey also said, in his capacity as a citizen of Lynn at a public hearing, “Not only am I facing the possibility of being flooded, but being flooded by wastewater, essentially.”
He further said during the public hearing that he had requested public records regarding the incident which destroyed the berm, but that he was told that there were no records related available.
Toomey requested that the Conservation Commission pursue this as an enforcement action in the superior court, as outlined by the WPA.
Neither the Town of Lynnfield nor the City of Lynn were able to be reached prior to The Item’s press time.
