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Lowell Conservation Commission finds two small residential projects outside FEMA floodplain, issues Negative 3 determinations
Summary
The commission voted Jan. 28 to issue Negative 3 Determinations for two Requests for Determination: a single-post addition at 36 Shirley Ave and a back-landing expansion at 105 Boulevard St., after review of elevation certifications showing the structures are above the FEMA 100-year flood elevation.
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The Lowell Conservation Commission on Jan. 28 voted to issue Negative 3 Determinations for two separate Requests for Determination of Applicability (RDA), concluding both proposed residential projects will not alter protected wetland resource areas.
At 36 Shirley Ave., applicant Keith Sore told the commission he had the site surveyed and that the footing elevation places the single new post ‘‘well out of the floodplain.’’ Commissioners reviewed the plans and elevation data and determined the deck structure and one vertical column would be above the FEMA 100-year flood elevation. Commissioner (Unidentified Speaker 4) moved for a Negative 3 Determination; the motion was seconded and carried by voice vote.
At 105 Boulevard St., applicant Carl Bahia presented a certification showing the top-of-foundation elevation at 103.6 feet, above the stated flood elevation of 102.2 feet. The commission concurred that the proposed back-landing expansion lies outside the measured floodplain and voted a Negative 3 Determination after a motion and second.
Why it matters: Negative 3 Determinations mean the commission concluded the work will not alter resource areas subject to the city’s conservation regulations, allowing the homeowners to proceed without additional Conservation Commission permits specific to wetland resource impacts. Both determinations relied on submitted elevation measurements and the commission’s field interpretation of the FEMA 100-year flood elevation.
What’s next: The determinations clear the way for the applicants to move forward subject to any other local or building-code approvals.

