Same-Day Surgery Application Restarts

Testimony for the Tice Road properties application for an 16,000-square foot ambulatory surgical center at 793 Franklin Ave. started fresh at Wednesday night's Planning Board meeting, under the objection of neighboring property, Sabra Realty.

Sabra's Attorney Harold Cook continued his objection over jurisdiction, stating an ambulatory surgical center (ASC) is a nonconforming use for this particular business district. There are multiple ASC on Sabra Realty's property, that neighbors the site but falls under a different business zoning. 

At last month's meeting, Planning Board attorney John Spizziri stepped down from hearing this application, and was replaced by attorney Christopher Martin.

At Wednesday night's meeting, Planning Board chairman Frank Conte recused himself from the application, stating that he was personally being sued in the matter. Board Trustee Julius Lauber is sitting as chairman for this application. Trustee Joseph Medici also recused himself from the application. 

The lawsuit, which was filed by Cook on behalf of Sabra Realty against the board, Spizziri, Conte and board recording secretary Caitlin Bauer for violations of the state Open Public Meetings Act. The suit was reportedly dismissed without prejudice, however Councilman Charles Kahawaty stated the issue was dismissed accidentally on May 24 and was reinstated. 

On Wednesday, testimony for the stand alone building was given by property owner James Heuer and Kenilworth-based architect Les Tribble. Heuer told the board that his plans for the property he purchased in 2006 were created with the board's then vision for renovating the central business district, including a possible road to cut through from Tice Road to Franklin Avenue. 

Tribble testified that he felt the property could hold no more than four operating rooms. The type of medical services to be offered are undefined at this time. 

Additional expert testimony is scheduled to be heard at the July 20 Planning Board meeting.