ORDER OF CITY COUNCILLOR JOHN M. TOBIN, JR.

WHEREAS: The building located at 501 Arborway in Jamaica Plain (the “Arborway Property”), according to the website www.bicon.com, appears to be being used by Bicon LLC (together with Debbie LLC and its other affiliates, “Bicon”) as a dental clinic, business headquarters and training facility; and

WHEREAS: Bicon has been engaged for the past several year in a significant construction and renovation effort at the Arborway Property, apparently in furtherance of the above uses as well as other uses; and

WHEREAS: “Clinical” uses, “health care” uses, educational uses and the other uses to which the Arborway Property is apparently being put are each “conditional uses” as specified in Article 55 of the City of Boston Zoning Code; and

WHEREAS: The City of Boston Municipal Code sec 7-4.11 states: “No building or structure shall hereafter be erected or altered within a distance of one hundred (100') feet from a park or parkway in the City of Boston, without permission in writing having first been obtained from the Parks and Recreation Commission”; and

WHEREAS: The Arborway Property appears to be located less than 100 feet of a parkway; and

WHEREAS: Map 9C appended to Article 55 of the Zoning Code shows that part of the Arborway Property lies within a “Greenbelt Protection Overlay District”; and

WHEREAS: The scope of the project appears to fit the definition of a “substantial rehabilitation,” as defined in the Zoning Code, and therefore, review by the Boston Redevelopment Authority and the Parks and Recreation Department is required; and

WHEREAS: Article 29, Section 29-6 of the Zoning Code sets forth the standards that will be considered in determining whether a conditional use permit will issue for a proposed project, including adequate provisions for parking; avoiding an adverse effect on parking on adjacent streets, and appropriate landscaping; and

WHEREAS: the Arborway Property abuts a “Residential Use” or a “Residential Sub-District on each side; and

WHEREAS: See Article 55, Section 55-38, subp. 1, which provides that where a lot line of a Proposed Project in a Neighborhood Business District abuts any Residential Sub-District and Residential Use, there must be specific and detailed buffering and screening; Therefore be it

ORDERED: That the appropriate committee of the Boston City Council conduct a hearing to discuss this project and that officials from the City of Boston and Inspectional Services Department be invited to testify


Filed in City Council: October 17, 2007