While critics charge that BU did not go through the standard procedure for looking at alternative sites, BU assistant vice president for public relations Kevin Carleton tells GlobeSt.com that the site that was selected--on one of the widest points on the river bank--by logic more than anything else. "The Metropolitan District Commission suggested that we move down the river," says Carleton. "They wanted us to provide public amenities, which we agreed to include in any new facility. Other sites wouldn't work with those public amenities."

The current pavilion is over 60 years old and located right under the BU bridge, exposing cyclists, joggers and rollerbladers to hazardous conditions. Carleton emphasizes that BU held a number of public meetings and walkthroughs to discuss the relocation. The 25-foot high, 6,000-sf pavilion was originally supposed to be two stories but was reduced to one story after residents objected.

"The legislature has the authority to say yes or no to this," says Carleton. "If they say no there is no point in going through all the procedures." It could take up to a year for the legislature to make a decision.