Top Asian Fusion’s Zoning Appeal Highlights Somerville’s Complex Regulatory Challenges
- Meeting Overview:
The Somerville Zoning Board meeting on December 3, 2025, primarily focused on the appeal of Top Asian Fusion Incorporated, which had faced operational delays due to a zoning officer’s denial. The business sought an exemption from a full site plan review for kitchen renovations that involved updating equipment without altering the building’s structure or footprint. The board also addressed drainage issues related to a longstanding swale problem impacting multiple properties, and reviewed a proposal to convert a commercial office building into residential apartments, which included discussions on variances and community concerns.
The most notable subject was the appeal by Top Asian Fusion Incorporated, located on North Gaston Avenue. The restaurant’s attorney, Mike Oradnik, detailed the establishment’s predicament after a zoning officer’s denial halted operations. The denial required a full site plan review for changes deemed by Top Asian Fusion as minor, primarily involving the kitchen’s transition from western-style to eastern-style cooking equipment. Oradnik argued that the changes were mere interior modifications, permissible under the local zoning ordinance, as they did not constitute a change of use or require exterior site improvements. The business had already invested approximately $130,000 in renovations, excluding a new hood installation costing an additional $45,000.
During the hearing, Molly Chang, the operations manager for Top Asian Fusion, provided testimony confirming the renovations were confined to kitchen equipment updates and cosmetic changes in the dining area. Chang explained that outdated and deteriorating kitchen appliances were replaced, with no structural modifications undertaken. The focus was on ensuring compliance with safety standards, as the previous hood system did not meet code requirements. Despite these efforts, the zoning permit and a temporary certificate of occupancy had been denied, causing operational delays.
Board members engaged in thorough inquiries to ascertain the extent of modifications and whether they necessitated a full site plan review. Chang reiterated that the renovations were limited to equipment upgrades, with no external changes made to the building’s structure. Photographs presented during the meeting confirmed the installation of the new exhaust system, which remained in the same position as the old one. The fire marshal noted a violation concerning an alarm system but found no issues with the exhaust modifications. Oradnik emphasized that the zoning officer’s interpretation was overly restrictive and urged the board to consider granting the appeal or necessary variances.
The dialogue captured both the applicant’s urgency to resume operations and the board’s responsibility to ensure compliance with zoning laws.
Another topic was the conversion proposal for a property on East Main Street by Princeton Canal LLC. The applicant sought to transform a 2.5-story office building into two residential apartments, requesting several variances. The proposal included a D4 floor area ratio variance, as the intended modifications would slightly exceed the allowable limit. The applicant also eliminated a maximum improvement coverage variance by reducing the rear parking lot to create more green space. A D6 height variance was discussed due to plans to finish the attic, effectively creating a third story but not increasing the building’s height.
The proposal aimed to reduce impervious coverage and enhance the property’s drainage capacity. Board members raised questions about safety measures, such as the potential installation of a residential sprinkler system, and concerns about the existing chimney’s condition.
Brian Hobby, a neighboring property owner, provided important testimony regarding historical drainage issues, pointing out discrepancies in previous surveys and drainage problems related to a swale that traverses multiple properties. This swale was a focal point of the meeting, as participants debated the need for further investigation into the drainage infrastructure. Suggestions for a camera inspection of the pipe and potential municipal intervention were discussed to address longstanding drainage concerns.
The meeting also included public comments addressing landscaping and lighting issues. Residents expressed concerns about light spillage into residential properties and the need for shielding to minimize disturbances.
Brian Gallagher
Zoning Board Officials:
Arthur Adair, Ed Allatt, John Flores, Roberta Karpinecz, Morgan McLachlan, Richard O’Neill, Brian Vadimsky, Eric Alvarez (Alternate #1), Stewart Daniels (Alternate #2), Ryan Bakie (Planning and Zoning Board Secretary), Clifford Gibbons (Board Attorney), Michael Cole (Board Planner and Engineer)
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Meeting Type:
Zoning Board
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Committee:
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Meeting Date:
12/03/2025
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Recording Published:
12/03/2025
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Duration:
127 Minutes
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Notability Score:
Routine
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State:
New Jersey
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County:
Somerset County
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Towns:
Somerville
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