It is the intent of this article to allow for
the modification of certain terms and conditions of the Paddison Motors,
Inc., amendment to the Building Zone Ordinance of the Incorporated
Village of Roslyn Harbor, adopted by ordinance on August 2, 1966,
in order to permit appropriate and reasonable utilization of the subject
premises located within the Business AA Zone for use by a successor
car dealership while still protecting the legitimate interests of
the Village of Roslyn Harbor.
This article shall be known and may be cited
as the "Baron (Nissan) Motors Amendment to the Paddison Motors, Inc.,
Amendment to the Building Zone Ordinance."
The Official Building Zone Map showing the boundaries
of districts accompanying and which is a part of this chapter is hereby
amended by excluding from the C Residence District and including in
the Business AA District all of the following described property:
|
All that certain plot, piece or parcel of land,
with the improvements thereon, situate, lying and being in the Incorporated
Village of Roslyn Harbor, Town of Oyster Bay, Nassau County, New York,
bounded and described as follows:
| ||
|
Beginning at a point which is at the intersection
of the northerly side of Glen Cove Avenue with the new northwesterly
side of the Glen Cove-Greenvale State Highway; running thence North
75° 11' 30" West 82.15 feet to the easterly boundary line of lands
of the Long Island Rail Road; thence along said lands of the Long
Island Rail Road, North 18° 49' 05" East 59.63 feet; thence still
along lands of the Long Island Rail Road, North 10° 03' 50" East
252.37 feet to lands now or formerly of Glen Cove Road Building Corp.;
thence along said last mentioned lands South 80° 55' 30" East
166.23 feet to the westerly boundary line of the Glen Cove-Greenvale
State Highway; thence along the westerly and northwesterly boundary
line of said Glen Cove-Greenvale State Highway the following four
courses and distances:
| ||
|
1.
|
South 14° 47' 10" West 53.15 feet;
| |
|
2.
|
On the arc of a curve to the right whose radius
is 1,350 feet and whose chord bears south 19° 45' 15" West 225.89
feet;
| |
|
3.
|
South 19° 56' 00" West 3.87 feet; and
| |
|
4.
|
South 60° 25' 55" West 65.43 feet to the
point or place of beginning.
| |
The preliminary site and floor plan, revised
as indicated in the amended petition and dated July 11, 1966, is hereby
approved and, except as hereinafter specifically provided, shall be
the approved site plan pursuant to which the subject property shall
be developed.
The application of Paddison Motors, Inc., for
exceptions to the regulations and restrictions applicable to a B-AA
Business District as provided in this chapter is hereby granted to
the following extent:
A.
Detailed plans and specifications for all buildings
and structures need not be filed until application is made for a building
permit.
B.
The subject premises may be used only for a Cadillac
or Nissan automobile sales and service agency as set forth in the
Paddison petition, amended petition and the approved site plan or
upon plans which shall be approved by the Board of Trustees in accordance
with this article and this entire chapter. For purposes of this article,
the term "automobile" shall include minivans but exclude trucks over
two tons in weight.
C.
Not more than two advertising signs shall be permitted,
one sign to be attached to the freestanding wall facing Glen Cove
Road and not to exceed 17 feet in length and 18 inches in height and
one pylon sign not attached to the wall or building and not to exceed
12 feet in length and two feet six inches in height, provided that
their location, construction, size, color, material, manner of lighting
and intensity of lighting shall have been approved by the Village
Planning Board. There may be such auxiliary signs as the Planning
Board may approve and deem necessary for directing traffic and for
warning or safety purposes.
D.
The minimum setback of the wall of the building from
Glen Cove Road and Glen Cove Avenue shall be 25 feet as set forth
on the approved site plan, except that the encroachment of the roof
overhang and the exterior wall at the southeasterly corner of the
sales office as indicated on the approved site plan shall be permitted.
E.
The minimum side or rear yard setback from the abutting
property of the Long Island Rail Road shall be one foot for that portion
of the building marked "reception area" on the approved site plan.
The following restrictions and regulations shall
be applicable to the premises described in this article, which shall
be in addition to the regulations contained in this entire chapter:
A.
Not more than seven automobiles shall be parked in
the area marked "Used Car Display" on the approved site plan, none
of which shall be more than five model years old. Not more than eight
new trucks, each not to exceed two tons in weight, shall be permitted
on the subject premises and they shall be parked so as not to be visible
from Glen Cove Road.
B.
There shall be no servicing of automobiles out of
doors except such repairs as may be necessary on an emergency basis,
nor shall there be any self-service or do-it-yourself repairing, servicing,
washing or maintaining of automobiles on the premises.
C.
No signs or exterior lights shall be constructed or
maintained on the premises until they shall have been submitted to
and approved by the Village Planning Board.
D.
The hours of operation shall be restricted to between
the hours of 8:00 a.m. and 9:00 p.m. on Mondays through Fridays, between
the hours of 8:00 a.m. and 6:00 p.m. on Saturdays and between the
hours of 10:00 a.m. and 6:00 p.m. on Sundays. Any illuminated sign
permitted by the Village Planning Board may be illuminated only during
the hours of operation.
E.
The driveway connecting the premises with Glen Cove
Avenue shall be used solely as an entrance to the premises, except
that it may be used as an exit from the premises by cars parked in
the six-space parking area adjacent to said driveway and by customers
on the occasion of the initial delivery to them of a new car. All
other exits from the premises shall be by way of the driveway entering
on Glen Cove Road.
F.
Other than those uses and operations therein permitted,
there shall be no activities, noises, or lights on the premises which
shall constitute a nuisance and which shall prove annoying and objectionable
to nearby residents in the Village or shall detrimentally affect the
value of their property.
G.
The subject premises shall not be used for the retail
sale of gasoline, oil or other petroleum products except such as may
be incidental to a Cadillac or Nissan sales and service agency as
authorized by this article.
H.
No signs, posters or similar forms of advertising
shall be displayed in the showroom windows.
I.
No amplification equipment such as loudspeakers or
the like shall be permitted out of doors on the premises, and no amplified
sound within any building or structure on the premises shall be so
amplified as to be heard beyond the boundaries of the premises.
The granting of the application of Paddison Motors, Inc., and future applications for permitted uses, including that of Baron Realty Associates for a Nissan sales and service agency, as provided in § 275-85 of this article is subject to the conditions hereinafter set forth:
A.
The areas and dimensions shown on the approved site
plan are represented by the applicant or successor to be correct.
B.
The entire area described in § 275-87 above shall be solely for a Cadillac or Nissan automobile sales and service agency.
C.
No other privately owned premises within the Village
of Roslyn Harbor or within 300 feet thereof shall be used as part
of or in conjunction with the Nissan or Cadillac new automobile sales
and service agency to be conducted on the subject premises unless
the approval of the Board of Trustees is first obtained. In the event
such approval is obtained for premises contiguous to the subject premises,
no more than 10 used automobiles no more than five years in model
age and no more than 10 new trucks, each not to exceed two tons in
weight, shall be permitted in the aggregate on the subject premises
and such contiguous premises, all in accordance with plans approved
by the Board of Trustees.
D.
Fencing, screening, landscaping, shrubbery as shown
on the approved site plan, lighting and self-contained drainage all
shall be installed in accordance with detailed plans which shall be
prepared by Paddison Motors, Inc., and shall be approved by the Village
Planning Board. All future site plans for the subject premises shall
be submitted by the then owners and shall be approved by the Board
of Trustees which shall include construction, improvement or alteration
of fencing, screening, landscaping, shrubbery, lighting or self-contained
drainage shall also be installed in accordance with detailed plans
to be approved by the Village Planning Board.
