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Somerville board reverses zoning officer, clears Top Asian Fusion to finish kitchen and signage
Summary
The Somerville Board of Adjustment on Dec. 3 reversed an August zoning denial and approved an appeal by Top Asian Fusion (2025-017Z), allowing interior kitchen conversions and retention/replacement of existing sign structure; the decision follows testimony that the work is an interior alteration and not a site-plan change.
The Somerville Board of Adjustment voted to reverse a zoning officer’s denial and approve an appeal by Top Asian Fusion for 156 North Gaston Ave., clearing the way for interior kitchen conversions and the replacement of an existing sign structure. The board’s approval follows testimony that the changes are interior equipment swaps and hood/exhaust replacements that do not alter the building footprint or exterior site circulation.
Attorney Mike Oradnik, representing the tenant, told the board the proposal “is a mere transition from the restaurant use Italian to another restaurant use with no new structures or site modifications proposed to the footprint or the exterior of the building.” The applicant argued that the work is exempt under the borough’s site‑plan ordinance (10241) for interior alterations that do not change use or exterior site conditions and cited NJSA455D-70A in framing the appeal.
Top Asian’s operations manager, Molly James C., said the tenant negotiated a lease that began Jan. 1, 2025, has not been able to open because permits were denied, and has invested in the property: “Everything was denied,” she told the board. She gave the board the financial context: the monthly rent is $11,000, renovation costs so far about $130,000, and the exhaust/hood work another roughly $40,000–$45,000.
Board members examined photographic exhibits and plans showing a newly installed, enlarged exhaust hood and an updated blower/fan. Several members concluded there were no structural or exterior site changes. One board member said the signage shown in 2012 site documents created a vested right that runs with the land and recommended processing signage permits administratively where appropriate.
After closing public comment, the board moved to approve the appeal. The roll‑call vote recorded the eligible voting members in favor; the board’s action effectively overturns the zoning officer’s earlier denial and allows the applicant to pursue required permits and inspections consistent with the board’s decision.
What happens next: the applicant must obtain any required administrative permits and comply with building and fire code inspections (including final hood/exhaust confirmation and any fire‑marshal requirements). The board’s approval grants the appeal; it does not automatically waive unrelated code or safety inspections.
Speakers quoted or cited in this article are those who testified at the hearing or appear on the record.
