Mr. Peters said the existing housing development which has been there for close to 20 years, is still permitted use in the Zone which is why they are here.

Christopher Lugar on behalf of the applicant is the attorney for the association. Has a witness, Donna Prada

Donna Prada was sworn in, with executive property management, which is the managing agent for Hampshire Hills.

Mr. Lugara asked Ms. Prada to explain why the fence was removed.

Ms. Prada said that they received numerous complaints from the residents of the community that the fences were continuously being broken; they felt they served no purpose because they were not a deterrent, they were a slip rail fence. It was costing the association quite a lot of money to continue to have to repair them, they did not want to continue to spend this money on the fencing.

Mr. Lugara stated beside the money, there were safety concerns and asked Ms. Prada to elaborate a little bit more on that.

Ms. Prada stated with the fencing being continuously broken and slats laying there and posts, they felt children could get hurt if they were playing in that area.

Mr. Lugara asked Ms. Prada in her experience as property manager would you say the removal of the fence increased safety around the basins.

Ms. Prada said she would.

Mr. Lugara stated that it was Ms. Prada's opinion is that the fence prevented any unwanted desirables from entering the basin.

Ms. Prada stated that she didn't feel it was a deterrent at all.

Mr. Lugara asked Ms. Prada if she would give an estimate of how deep these basins were throughout the association, roughly.

Ms. Prada stated not very deep.

Mr. Lugara asked if the Association has any intention to replace the fence.

Ms. Prada said not to her knowledge.

Mr. Gertner asked if the Association now knows that it was a requirement of the approval to have the fence.

Ms. Prada said yes and they apologize for that.