By Tom Nash An The Abutter Seth |
"The
decision of the board approving Makrigiannis' proposal is arbitrary,
capricious, without any basis in fact, invalid and illegal, and is in
excess of its authority," the complaint states.
The project has
long been unpopular with some neighbors who say the site where the
hotel would be located, an abandoned gas station on the corner of
Somerville Avenue and Beacon Street, is too congested with traffic.
The
application originally presented to the city lacked contact information
for the property owner, George Makrigiannis, and listed the applicant
as the company run by his son's girlfriend, although it is not involved
with the project. The application also lacked signatures from any party.
All of this information is required by either state law or Somerville zoning ordinance.
Much
of the Jan. 20 ZBA meeting was spent by both Planning Board staff and
project attorney Richard DiGirolamo explaining why it didn't matter
that the application turned in to the city did not include the address,
phone number or actual identity of the applicant.
Planning
Director George Proakis admitted that the city had accepted the
application without the required information and signatures, and that,
"I brought this up with Mr. DiGirolamo, and he supplied them to me."
The
suit details dozens of additional issues with the process, citing
several concerns with both the traffic study and lack of a stormwater
drainage plan. Among the factors included in the traffic study was the
use of the site's gas station, despite the fact that it has been
shuttered for nearly three years.
"The board did not review a
drainage plan, as required by the ordinance," the complaint states,
"yet somehow determined in its decision that the stormwater drainage
site plan review requirements have been met."
Goodman said that
he would not comment on pending litigation. Assistant City Solicitor
David Shapiro said he had just received the appeal and that the city is
reviewing it.
When reached for comment, DiGirolamo also said he had not reviewed the filing.
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