Contentious Coolidge Corner Fence Allowed to Stand

It's said that good fences make good neighbors, but the aphorism doesn't apply to one recently erected Coolidge Corner fence, the subject of a Zoning Board of Appeals hearing held Thursday night.

The dispute between Dr. Charles Heinberg and Raj Dhanda began when plans were filed two years ago to install a fence between Dhanda's rear parking lot and Heinberg's building at 1297 Beacon Street. An attorney for Dhanda said that the fence's purpose is to prevent Heinberg's tenants from using Dhanda's lot. The fence, only inches from the building, also prevents access to an egress at the back of Heinberg's building, creating what the owner called a safety issue.

"Without a second means of egress that would put the safety of the tenants at jeopardy," Heinberg said.

The fence was legally erected Monday, much to the surprise of Heinberg, who was unaware that it would be constructed prior to the appeal hearing.

The board moved to deny Heinberg's appeal to a previous board decision approving the fence.

"In large respect, our hands are tied," said board Vice-Chair Jesse Geller, explaining that the board could only rule on the design and not the safety of the plan.

Though the board decision favored Dhanda, members said that they would like to see a further resolution between Heinberg and Dhanda that would create a safer environment.

Heinberg's building meets current fire safety codes because a sprinkler system was installed after Heiberg learned of Dhanda's plan to build the fence, fulfilling safety requirements that allow the rear egress to be blocked.

Heinberg insists that a solution can still be found that would limit unauthorized use of Dhanda's lot while still allowing his tenants to use the back door in the event of an emergency.

"I'm legal at this point. It would just be more safe with those egresses. If it can be changed in some manner that people have the ability to get out of the building safe, that's better," Heinberg said.

Mr. Hoffman, Zhanda's attorney, said that since the zoning board only had jurisdiction over the design of the fence, the appeal should be rejected and not included in the zoning decision. According to Hoffman, this was to limit the liability of his client should he further develop the parking lot at some point in the future. Hoffman said that Zhanda has preliminary designs to construct a building on the site.

The building plan for the fence requires that the gate near Heinberg's door come equipped with a "Knox Box," a box mounted on the fence that would contain keys for the use of emergency responders. Town Building Commissioner Michael Shepard said that this is required because he and fire department officials were more concerned with fire fighters getting into the building than he was with tenants getting out through that one particular egress.

Shepard originally rejected the permit and was brought to court over it. The town lost the case and the permit was eventually issued.

Heinberg offered to pay for a gate system that would open only when the fire alarm sounded.

The Planning Board unanimously approved Dhanda's plan to build the fence on May 19 of this year with the stipulation that Dhanda submit a certified site plan to the town before before he would be granted a building permit. Hienberg appealed the board's decision, leading to Thursday's meeting.