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• of such a denial. Mrs. DeRose indicated that if the denied fence remains, a court order could be sought for its removal. If the fence is removed there would be no remaining problem. Mr. Duvall indicated that the fence would remain "red -tagged" until such time as a COA is issued and a building permit is purchased. Ile noted that the previous approval of the rear -yard fence will result in a COA which would enable purchase of such a permit. He noted that the plan documentation had been prepared by the applicant and that Staff was unaware of whatever documentation or representations had been made to the applicant by the contractor. Mrs. DeRose indicated that in this case it might be wise to revise the previous motion so as to prevent the contractor being able to purchase a permit until after the non -complying sections have been either approved or removed. Mr. Duvall indicated that it would be useful to hear from Ms. Lackman regarding any correspondence she may have had with the contractor regarding the stop work order and her intentions in this regard. Mrs. DeRose inquired of Ms. Lackman whether additional time would be helpful in discussing the issue with the contractor. She responded that she believed that the contractor had acted in good faith up to this point, and that they had not discussed the fence's removal and that she was not concerned about the financial concerns. There was some brief discussion regarding the requirement for permits in the case of such a fence and the details of such permits. Mr. Talley indicated that the tennis court fence referred to had been in place prior to the designation of the district. Mrs. DeRose expanded on this point, that the conditions existing at the time of a district's establishment are taken as the benchmark for future developments, but all alterations occurring after the establishment need to conform to the standards as developed by the • neighborhood committee. Mr. Fine inquired what the purpose of extending the fence forward in the yard was. Ms. Lackman indicated that her intention was to provide support for plant growth. Mr. Talley inquired after the consequences of denial of the fence at this time. Mrs. DeRose indicated that the proceeding should indicate to the contractor that if the front section were to be removed, an application for COA regarding the rear yard fence would probably receive approval. Ms. Lackman indicated that the only discussion between her and the contractor since the stop work order had involved arranging for completion of the work by installing the "Gothic" caps on the posts. Mr. Talley and Mrs. DeRose indicated that it appeared important an necessary in this case to give clear and authoritative message to the contractor regarding the requirements of the historic district and for permits in general. Mrs. Hostetler inquired whether it would be best to refer the matter to the Standards & Maintenance Committee to meet with the contractor before taking further action. Mrs. DeRose replied that this would be possible if Ms. Lackman was willing to sign the waiver of the statutory limit for the commission to act on her application. The waiver was explained to Ms. Lackman who concurred in so signing. Mr. Talley inquired about the status of the liaison committee for the East Wayne Street- Historic District. Mr. Duvall indicated that whenever he has had business with the neighborhood, he has contacted the neighborhood association through its officers and that to his knowledge there are not individuals currently performing the liaison responsibilities. Mr. Talley minuted that he felt that the commission was upholding its responsibilities and that the • applicant has been acting in good faith. Ile broached the subject of the neighborhood amending the guidelines if in fact the fence was acceptable to them. Father Bullene reiterated that the fence company had acted unprofessionally in constructing the fence without proper permits. He also suggested that the fence, in use as a trellis might conceivable be construed as a replacement of