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Conservation commission grants "negative three" finding for deck expansion at 37 Carly Way
Summary
The Lowell Conservation Commission on June 24 issued a "negative three" determination for homeowner and applicant Heron Patel’s already-built deck expansion at 37 Carly Way after hearing that the work was roughly 75 feet from a bordering vegetated wetland and that soil stabilization was in place.
The Lowell Conservation Commission granted a "negative three" determination on June 24 for a deck expansion at 37 Carly Way after the property owner, Heron Patel, told commissioners he had already renovated and enlarged his existing deck.
Heron Patel, the applicant, said he built the new deck in the winter to replace a broken one and expanded it to the left of the original footprint. "I built the new deck there in the same space but expanded to the left of my house," Patel said, and estimated the work was "probably more than 75 feet" from the bordering vegetated wetland. He told the commission he placed about six new footings and that backfill and seed were in place when he appeared before the panel.
Commissioners asked routine questions about erosion and stabilization within the 100-foot wetland buffer zone; one asked how many new footings were installed and urged the owner to stabilize disturbed soil. A commissioner noted that at roughly that distance the risk of sediment reaching the wetlands is small and recommended using lawn seed or similar measures to re-establish vegetation.
A member moved to grant a "negative three" determination and a second was recorded; the commission approved the motion. The transcript records the motion and the chair calling for "all in favor," with members responding affirmatively. The record does not list a detailed roll-call tally or the names of the mover and seconder in the transcript.
Patel said he had not been sure whether a separate permit was required for renovating an existing deck and acknowledged the commission's guidance to consult the Department of Planning and Development for future projects. The commission's determination applies to the RDA filed by Patel; commissioners did not announce additional conditions beyond the standard request to stabilize any disturbed soil within the buffer.
Next steps: the determination closes the RDA for this agenda item; Patel was advised to contact DPD before undertaking future work affecting buffer zones.
