By Tom Nash As the city prepares to defend itself against accusations that it mishandled the application for a controversial restaurant and hotel project, a review of city records shows information required for the project's approval was never officially submitted. The Zoning Board of Appeals unanimously approved a 35-room hotel and restaurant development at 371 Beacon St. in January after a group of residents made the case that it would overwhelm the area.

The ZBA approved the project after receiving assurances from the Office of Strategic Planning and Community Development that the property owner George Makrigiannis' application was in order after it was revealed it lacked signatures from any party or information on who was involved.

The application that OSCPD presented to the ZBA on the night of the vote, however, has never been officially filed with the city clerk, an omission that abutter Seth Goodman called attention to in a lawsuit against the ZBA filed in February.

"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.

City officials, however, have maintained that by the eve of the vote everything was in order. "Any defects in the application were ultimately cured," Assistant City Solicitor David Shapiro said.

"The crux of our position is that it is not the role of the zoning board to investigate the property ownership," Shapiro added. "It is the role of the zoning board to investigate the benefit of the project."

Among the unresolved questions regarding the application is the use of the phrase Beacon Street Hotel as the project applicant. So far, no explanation has been given as to why that name would be used instead of Makrigiannis, and the name is not registered with the state as a business entity.

Goodman's suit was amended last month to include Beacon Street Hotel, asserting that it is "not a legal person or entity" and that the address listed for it on the application, 369-371 Beacon St., is vacant. Goodman and his attorney declined comment.

Attorney Richard DiGirolamo, who represents Makrigiannis, said he would be representing Beacon Street Hotel but would not comment on the suit or whether the company exists.

While Shapiro said the city and Beacon Street Hotel will be mounting a joint defense, as required by the Middlesex Land Court, he added that the city isn't interested in whether the company has standing.

"My role will be to prepare a position statement articulating the zoning board properly (followed procedure)," Shapiro said. "As far as the property interest goes, that's up to the developer."

An initial meeting between the Land Court judge and the two parties is scheduled for April 27.