After years of applications and meetings at City Hall, Shore Road residents say they’re looking forward to a better night’s sleep.
For years, residents of Shore Road claimed they were awakened in the early-morning hours by the sounds of large diesel trucks and loud construction equipment. The construction, they claim, lasted until 5 p.m. Residents say their quality of sleep was greatly diminished, and that they couldn’t fully enjoy the peace and quiet of suburban life.
On Jan. 5, the Glen Cove Board of Zoning Appeals deliberated and voted 4-2 in favor of Shore Road residents. No comments were taken from the public, but residents supporting petitioner Lora Cusumano echoed through City Hall.
The dispute is between the landlord of 100 Shore Road, Tom Duffy, and Cusumano, who is spearheading the petition. She looked to hold Duffy accountable for the disturbance. The dispute is on the grounds of zoning ordinances versus a decades-old grandfather clause for the business and property.
The draft decision from the BZA concludes that the current use of 100 Shore Road by American Paving “evidences a significant shift from a small commercial contractor to an industrial contractor.”
On April 3, 2018, neighbors on Shore Road held their first open meeting. Many residents complained about the legality of the use of 100 Shore Road.
“I made a promise to Shore Road neighbors that I would take the lead and get this non-compliant, dilapidated dirt yard used as storage, staging and parking of a multitude of large trucks and machinery out of our neighborhood,” Cusumano said.
She alleges the result of the area’s noise has resulted in a reduction of surrounding property values and a diminishment of the quality of life for all residents in the surrounding community.
“I am disgusted with the process and hoops that I was made to jump through to finally get tonight’s decision,” she said.
Shore Road resident George Hauck was one of nine other residents supporting Cusumano and her efforts at last week’s City Hall vote. Huck said his quality of sleep was affected and that he couldn’t wait for the industrial noise to end.
Cusumano attended a City Council meeting in August of 2019 where Mayor Tim Tenke and the City Council publicly acknowledged what the prior director of the Building Department had already determined; American Paving and Masonry Corp., operating at 100 Shore Road, is not permitted by the zoning code.
Tenke also said he was assisting the business owner in finding a new location and that violations had been issued.
The business did not leave the property.
At a public hearing held in August of 2020, Cusumano testified in support of her appeal and presented written documents and other evidence in support of her application. She testified that the current use of the property is not compliant with the Marine Waterfront District classification.
Cusumano also reviewed the exhibits that she filed in support of her prior application which included 22 photos of the business, one of which was a drone photo taken-on April 9, 2020. The photos showed large construction trucks, including several 14-wheelers, at least five commercial trailers, various construction machinery, multiple dumpsters, and piles of construction and asphalt debris. Another photo shows an oil delivery truck filling up a diesel tank on the site.
At a public hearing held Feb. 17, 2022, Duffy testified that his family has owned the property since the 1930s. His grandfather, a builder, bought the property to store his bulldozer and trucks.
He testified that he started his tree business in 1973 by selling firewood and has sold firewood on the property since 1970 and has been a full time “tree guy” since 1973. He testified that his father had a bait and tackle store but they always stored equipment on site.
Duffy also testified that he started out with one truck and now has six trucks. He added that he and his two sons run the business with no employees and his trucks go out at 9 a.m. and return at 3:30 p.m.
In response to a question about people showing up at the property at between 5 a.m. and 5:30 a.m., Duffy testified that he did not know if they are related to other businesses, but they are not related to his tree service business. He testified that if someone were on the property at 5:30 a.m., he would be aware of it because he has surveillance cameras which record to his phone.
A statement from an unidentified associate at American Paving & Masonry Corp., said Cusumano should have understood the area surrounding her home before its purchase.
Tom Duffy could not be reached at press time for comment.