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Conservation commission issues Negative 3 determination for deck and hot tub at 75 Martin Street
Summary
The Lowell Conservation Commission voted Oct. 8 to issue a Negative 3 determination allowing construction of a deck to accommodate a hot tub at 75 Martin Street after staff described the work as de minimis fill in the FEMA 100-year floodplain and advised best-construction practices.
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The Lowell Conservation Commission on Oct. 8 voted to issue a Negative 3 determination for work at 75 Martin Street, allowing a rear deck to be built to accommodate a hot tub despite the property’s location in the 100-year FEMA floodplain.
The commission heard from Kendra Mann of Mann Construction, who said she represents the homeowner, Courtney Ahern. "This is for a deck to accommodate a hot tub for, my client has brain cancer. And so this is to help with her pain so that we don't have to install stairs coming from the home," Mann said. She told the commission the deck would provide a flat surface so the homeowner could enter and exit the tub without stairs.
Commission staff advised that the primary goal for work in the floodplain is to avoid adding fill. A commissioner noted that the plans appeared to use elevated posts ("4 by fours or 6 by sixes") and that concrete would terminate at the existing soil elevation. Staff recommended minimizing exposed stockpiles during construction and closing holes and stabilizing the site promptly after excavation. The staff position was summarized as de minimis fill to the flood zone.
A commissioner moved to give the project a Negative 3 determination; another commissioner seconded the motion. The commission approved the motion by voice vote with no opposing votes recorded.
The commission’s approval included informal construction recommendations to limit stockpiles during storm events and to stabilize excavations quickly. No formal special conditions or numerical vote tally were recorded on the meeting transcript.

