By Gabriela Resto-Montero
DNAinfo Reporter/Producer
UPPER EAST SIDE — A Carnegie Hill man has succeeded in cutting out a section of curb on his street to accommodate a townhouse driveway after a city agency overruled Community Board 8's objection.
Andreas Gruson is now the proud owner of a functioning driveway to his E. 94th Street townhouse.
Gruson's victory comes after residents of 94th Street convinced CB8 that the curb cut would detract from the block's charm and make it look suburban. Opponents pointed out there were no other curb cuts on the block, between Lexington and Third Avenues and CB 8 voted in January not to approve the permit.
Residents were also worried that cars backing out of Gruson's garage onto the narrow street would be dangerous for pedestrians, said Jacqueline Ludorf, chair of Community Board 8.
A month after the board's decision, the Department of City Planning found that the curb cut fell within existing zone regulations and approved Gruson's application.
"We were dissapointed that they didn't listen to the community," Ludorf said.
Even though the department approved the cut, it amended the zoning text to prevent future homeowners from making similar driveways.
"They understood that the regulation should change and they changed them," said Richard Lobel, Gruson's attorney of the decision. "If someone made a similar request now they probably would not get similar relief."
The Department of City Planning initially rejected Gruson's application, Lobel said.
"This application had been around for years by the time it was granted," he said. "The Gruson family was happy and they were relieved the whole process was over."
Now that the curb cut is approved, the townhouse has a No Parking sign posted on the garage door and a painted yellow curb to prevent on-street parking.
