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Templeton commission issues negative determination with conditions for fence at 46 Shore Drive
Summary
The Town of Templeton Conservation Commission voted to issue a negative determination with conditions for a proposed 4-foot vinyl picket fence at 46 Shore Drive, finding the fence need not be permitted under the Wetlands Protection Act so long as conditions to allow wildlife passage and restrict heavy equipment are met.
The Town of Templeton Conservation Commission voted unanimously on Jan. 13 to issue a negative determination, with conditions, for a proposed fence at 46 Shore Drive that lies within the 100-foot buffer to Partridgeville Pond.
Kate Dodge, owner of 46 Shore Drive, told the commission she proposed two fenced areas — a front yard play area and a fenced area off the back patio — to contain two dogs and protect three small children who use the yard. "So we are proposing to add some fencing on our property," Dodge said, describing a four-foot white vinyl picket fence with gaps between pickets and an estimated six-inch clearance under portions of the fence.
George Andrews, chair of the Town of Templeton Conservation Commission, summarized the legal question before the panel: "The Wetlands Protection Act says that fences are exempt, as long as they don't prohibit wildlife." The commission's decision was limited to whether the proposed fence would prohibit wildlife passage and therefore be subject to the Massachusetts Wetlands Protection Act (Mass. Gen. Laws ch. 131, § 40) and related regulations.
Commissioners said they observed that the fence design and the existing condition of the property likely allow small mammals to pass beneath or between pickets. During discussion, members pressed for clarity on installation methods and potential disturbance: the applicant confirmed the work would be done by a professional fencing company (Well Fence, Fitchburg) and said installation would be largely by hand depending on frozen ground conditions.
The commission approved a negative determination with conditions that will be written on the permit form. The principal conditions recorded during the hearing were that the bottom rail of the fence remain off the ground (commissioners referenced an approximate six-inch gap in discussion), no heavy excavation equipment be used within the buffer zone (installation to be by hand), and that the applicant notify commission staff prior to installation. Commissioners and staff also advised the applicant to contact DigSafe (811) before any digging to locate underground utilities.
Amanda (commission member) moved for a negative determination; Kristoff (commission member) seconded. The roll-call vote recorded Amanda, Joanne, Dave, George Andrews and Kristoff voting yes; the motion carried unanimously.
The commission staff said they will prepare the written determination and the permit form and will contact the applicant when it is ready. The applicant confirmed she would coordinate a pre-installation contact with the commission.
Background: The applicant filed a Request for Determination of Applicability asking the commission to decide whether the proposed fencing activity is subject to the Wetlands Protection Act. The legal notice filed with the request cited Massachusetts General Laws, chapter 131, section 40, and listed the project location as 46 Shore Drive, Templeton. The RDA and supporting materials are available from the development services office.
