Commission ratifies enforcement order after unauthorized tree removal at Khmer Lowell site; applicant told to submit replacement plan

The Lowell Conservation Commission on Aug. 13 ratified an enforcement order for work at the Khmer Lowell and Khmer American Cultural Center property at 48 Townsend Ave, finding that landscaping and tree removal occurred within the 100-foot buffer of a bordering vegetated wetland and inside the FEMA 100-year floodplain.

An unnamed representative who identified themself as the center’s president told the commission the center hired a local contractor to clear trees to reduce the risk of falling limbs and to make the site safer for community use. The representative said they believed an earlier approved plan covered the work but acknowledged the prior approval had expired during the COVID-19 pandemic and leadership turnover.

Contractor Pete Stella said he reviewed earlier construction documents and estimated the closest designated wetland line was roughly 200–240 feet away from the area where he performed work, but commissioners and staff pointed out that FEMA floodplain boundaries do not always align with wetland lines and that the property appears to fall within the 100-year floodplain. The commission chair summarized the problem as a failure of due diligence and emphasized the commission’s responsibility: "Our job is to enforce the Wetland Protection Act," the chair said, adding that floodplain disturbance falls within the commission’s jurisdiction.

Commissioners pressed the applicant for specifics and asked for an accurate inventory of what was removed. The applicant said roughly 20 trees were removed in total, with about five described as large-caliber and another eight to ten of moderate size; the rest were small-diameter stems. The commission said it has site photos and drone footage documenting the work and asked the applicant to submit a precise assessment of the trees cut (location, approximate diameter) and a proposed replacement-planting plan to mitigate the disturbance.

Commissioners noted that the earlier Notice of Intent (NOI) approval for the property had expired (NOIs have a three-year window), and that any new work will require a new application and review, including wetland and floodplain considerations and potential mitigation. The commission voted to ratify the enforcement order and to continue the matter to the commission’s next meeting on Sept. 10 for the applicant to present replacement plans and documentation. Votes were recorded as "Aye. Aye. Aye. Aye." The enforcement order remains open until the commission receives and approves appropriate rehabilitation and replacement work.

The commission also authorized its conservation agent to approve the removal of an obviously dead, hazardous tree if staff confirm that taking it down is necessary for safety; the commission asked the applicant to provide a photo to the conservation agent (Dylan Ricker) for expedited review.