Conservation commission grants negative determination for 19 Algren Circle fence after applicant moves line outside 30-foot buffer

Marlborough City’s Conservation Commission closed a public hearing Dec. 19 and approved a negative determination of applicability for work at 19 Algren Circle, clearing the way for the property owner to install a six-foot vinyl fence so long as the new alignment remains at or outside the 30-foot wetland buffer.

The applicant, Randy Henka, told the commission he and his wife bought the house in late October and had the property surveyed and the buffer flagged before filing for the permit. He said the fence company, North America Fencing, staked the proposed line and that he had obtained a letter from National Grid clearing underground electric lines. "I wanted to do it right," Henka said during the hearing, noting the fence is intended to keep his young children and small dog safe.

A staff member explained that an open, split-rail fence typically does not require filing but that a solid fence such as the one proposed would trigger a Request for Determination of Applicability (RDA) so the commission could confirm whether the work would have jurisdictional wetland impacts. The staff member offered a preconstruction meeting to re-check flagged stakes and confirm the final alignment before work begins.

With no public opposition and after the applicant agreed to move the new fence line to the protected side of the flagged 30-foot zone, a motion for a negative determination was made and seconded; the chair called for a vote and said "all in favor." The commission earlier recorded that five members were present. Staff told the applicant work may begin once the permit paperwork is returned; Henka indicated crews planned to start as soon as the permit was issued.

The commission recorded the following clarifying details: the new fence is vinyl and six feet tall; the existing short section of fence adjacent to a shed lies inside the 30-foot buffer and will remain in place, while the new continuous solid fence will be installed at or beyond the 30-foot flagged line; National Grid clearance for underground electric lines had been supplied to staff; the applicant had the proposed line staked prior to the hearing.

The decision is recorded as a negative determination of applicability, which — according to staff comments during the hearing — allows the applicant to proceed because the commission concluded the proposed work, as constrained to the flagged line and with standard conditions, does not require additional wetland protection measures. The commission also noted that a preconstruction inspection will confirm stakes and establish site controls prior to construction.

The commission's next regularly scheduled hearing was announced as continued business in January; no appeals or subsequent enforcement actions were recorded during the meeting.

(Reporting note: quotes and attributions are drawn from the Dec. 19 conservation commission transcript.)