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alongside a very busy, high-speed street. One of these installations is directly comparable to Young Ivy's proposal, i.e., it is in the utility zone to the rear of the shopping center where it is located,which backs up to residential units. To argue then that this is not appropriate either on the safety issue OR on the noise issue is not reasonable from the perspective of comparables. In his statement to the Commission, the Oak Hills Shopping Center was characterized by Mr. Luchini as a"quiet zone." To the contrary,some degree of noise is inherent in the conduct of commercial activity. We respectfully suggest that shopping centers—at least equally with business parks—are not"quiet zones,"but zones where the noise of vehicles,people,etc.,are part of everyday business. As testament to that fact,we note the placement of a 9-foot sound wall separating the utility/parking area behind the Oak Hills Shopping Center from local residential units. At nine feet, this wall is in fact higher than sound walls at comparable play area installations. Would this wall have been built if this were a"quiet zone?" Had we been given an opportunity to rebut the arguments of the Commissioners, we would have done so, but we were denied.We would have been willing to accept restrictions on the hours of use of the play area,e.g., from n a.m.to 5 p.m.,which would be in accord with business park hours of operation, but we were denied the opportunity. We are willing to add features that enhance safety(a heightened curb on the street side, and bollards flanking both corners),but we are told that it will not make any difference, our proposal will be denied. The undersigned has been told verbally in conversations with Mr. Luchini that"no matter what changes [we] make,the Commission will not approve. n The refusal of the Commission to provide a transparent process and to deny us specific parameters of the"noise"they find objectionable, begs consideration of the question of appropriate process, and perhaps some consideration of the question of racial discrimination as well. Sixteen or fewer children playing in a circumscribed,monitored play area are not likely to produce enough noise to warrant this negative decision from the Commission. R• .ec . II / bmitted, If Ili /l/its, ary L. • ene fo Young Ivy attachments: text of November 12 presentation.