should be replaced. If the applicant is not happy with the type of fencing that was there, then find a way to put up longer-lasting fencing.

Mr. Haring stated that the fence should be there because of the safety issue. It keeps children out.

Mr. Gertner stated that each application stands on its own. So the argument Dr. Campbell is making is that the applicant did not present sufficient evidence to support the design waiver that they seek.

Ms. Demarzo asked how long have the fences been taken down.

Ms. Prada said approximately a little bit over 1 year.

Mr. Hudak asked how it was discovered. What brought the application here?

Mr. Lugara thinks it was just a consensus after the fact that it was removed, and that it should go in front of the planning board. This was when his office was contacted.

Open to the public comments

Resident Ed Bannon, 22 Abercorn Ct. was sworn in. The resident is concerned that if there is no fence, it will become a nuisance for kids using it.

Motion to close public comments Flemming/Burnstein all in favor among present.

Mr. Hudak stated that 20 years ago this Board saw a need for this fence. Somebody decided not to maintain it, it's falling, it's in disrepair, and so it's going to be removed, it is not okay.

Dr. Campbell asked if the application is denied and if the Association will be required to put the fence up.

Mr. Hudak said yes.

Burnstein made a Motion to deny the application base on the condition of being a safety issue.

Mr. Gertner said the vote is for the denial.

Application to be denied. Motion by Flemming/Burnstein yes: Dr. Campbell, Mr. Burnstein, Mr. Herman, Mr. Canderozzi, Mr. Flemming, MS. Demarzo, Mr. Haring, and Mr. Hudak

Motion to adjourn the meeting.

Motion by Burnstein/Herman all in favor among present.