HomeMy WebLinkAbout22-24P Drake Motor Partners of CT Text Amendment TOWN OF SOUTH WINDSOR
PLANNING&ZONING COMMISSION sa
APPLICATION FORM
Application Number:
Official Receipt Date: t
Munis Application #: # '
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APPLICANT: �; fK10-7 k, /v /V C LQ
'CAPROJECT NAME: oyar CE
COMPLETE LOCATION OF PROPERTY: Poo
OWNER OF RECORD ON LAND RECORDS:
OWNER ADDRESS:
GIS PIN# ZONE
NAME,ADDRESS, TELEPHONE&EMAIL ADDRESS OF PERSON TO WHOM INQUIRIES SHOULD BE DIRECTED:
T<wv HAU--SEx C
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Estimated presentation time:
THIS APPLICATION 1S FOR: (Check all that apply):
❑ Zane Change to (Public.Hearing and Certificate of Mailing Required)
❑ Open Space Subdivision/Resubdivision (Public Hearing and Certificate of Mailing Required)
❑ Subdivision ❑ Minor ❑ Major
❑ Resubdivision (Public Hearing Required) ❑ Minor ❑ Major
❑ Conditional Subdivision
❑ Special Exception to Table (Public Hearing and Certificate of Mailing Required)
❑ Site Plan.of Development ❑ New ❑ Modification Building(s) Sq Ft
❑ General Plan of Development
❑ Earth Filling (Sec. 7.6) and/or Earth Removal (Sec. 7.16) (Public Hearing and Certificate of Mailing Required)
3V Regulation.Amendment :4 Zoning ❑ Subdivision -Attach proposed amendment (Public Hearing Required)
❑ Temporary and Conditional Permit (Public Hearing Required)for
❑ Temporary and Conditional Permit Renewal for
❑ Detached In Law Apartment or❑Accessory Apartment (Public Hearing and Certificate of Mailing Required)
❑ Major Home Occupation-(Certificate of Mailing Required) for
❑ Other(explain in detail)
PLEASE NOTE: An Application Pending Sign is required to be posted on the property for all applications
ten AO) days 'or being heard by the Commission.
a ure of Applicant Signature of Property Owner
T( �us)m
Print Name of Applicant Print Name of Property Owner Revised 1/15/2020
TOWN OF SOUTH WINDSOR
PLANKING&ZONING COMMISSION Saw s''a�
APPLICATION FORM
Application Number: '
Official Receipt Date:
Munis Application
APPLICANT: t y La ra(s OT L-L-C
PROJECT NAME: l ecty I E i t t 6t C e
COMPLETE LOCATION OF PROPERTY:
OWNER OF RECORD ON LAND RECORDS:
OWNER ADDRESS:
GIs PIN# ZONE
NAME, ADDRESS, TELEPHONE&EMAIL ADDRESS OF PERSON TO WHOM INQUIRIES SHOULD-BE DIRECTED:
Joh Hw'�tr -- Data �_gAi �+q c 00 qqc,� J'. Bybuodu w Denver, Co oozoq
0 Z-� (DD au&- 'C�01 Q j e&r e s . C M Estimated presentation.time:
THIS APPLICATION IS FOR: (Check all that apply):
❑ Zone Change to (Public Hearing and Certificate of Mailing Required)
❑ Open Space Subdivision/Resubdivision' (Public Hearing and Certificate of Mailing Required)
❑ Subdivision. ❑ .Minor ❑ Major
❑ Resubdivision (Public Hearing Required) ❑ Minor ❑ Major
❑ Conditional Subdivision
❑ Special Exception to Table (Public Hearing and Certificate of Mailing Required)
❑ Site Plan of Development ❑ New . ❑ Modification Building(s) Sq Ft
❑ General Plan of Development
❑ Earth Filling(Sec. 7.6) and/o Earth Removal (Sec. 7.16) (Public Hearing and Certificate of Mailing Required)
R'lRegulation Amendment Vning ❑ Subdivision -Attach proposed amendment (Public Hearing Required)
❑ Temporary and Conditional Permit (Public Hearing Required) for
❑ Temporary and Conditional Permit Renewal for
❑ Detached In Law Apartment or❑Accessory Apartment (Public Hearing and Certificate of Mailing Required)
❑ Major Horne Occupation (Certificate of Mailing Required) for
❑ Other(explain in detail)
PLE E NOTE: An, 41ication Pending Sign is required to be posted on the property for all applications
ten of days p ojbeing heard by the Commission.
eif,nature of Applicant
�r Signature of Property Owner
Print Name of Applicant Print Name of Property Owner Revised 1/15/2020
MODIFY SECTION 4.2.6a: After the words"automotive, boat, recreational vehicle,truck and similar
sales, service and repair garages" add the following: "except for the sales and service of new and used
vehicles that are: exclusively electric, do not have fuel tanks, do not use oil,and do not have internal
combustion engines"
ADD SECTION 4.2.6m: "The display of new and used electric vehicle sales shall be limited to 50%of the
parking stalls currently allowed on the premise with additional landscape and decorative pedestrian
design as approved by the city".
ADD SECTION 4.2.5F: "The sale of new and pre-owned automobiles; including test drives, parking,
delivery and storage of new and pre-owned automobiles. The maintenance, repair and charging of new
and pre-owned automobiles; and the sale of energy products and solar products, parts, accessories and
general office."
PLANNING DEPARMENT
IN-HOUSE REFERRAL FORM
DATE: 6-20-22
TO: Michael Maniscalco, Walter Summers, Jeff Doolittle, Molly Keays,
Heather Oatis, Kevin Cooney, Tony Manfre, John Caldwell,
Andrea Confrancesco, Vincent Stetson, Kenneth Rich, Mark Halibozek
FROM: Michele Lipe, AICP, Director of Planning
The Planning &Engineering Departments have received plans for the following projects:
Aool 22-24P, Drake Motor Partners of CT Text Amendment
Location:
❑ Site Plan ❑ Subdivision No. Acres Zone BGD
❑ Industrial ❑ Commercial ❑ Residential No. Lots/Units
Water: ❑ Public ❑ Private Well Sewerage: ❑ Public ❑ Septic System
Project Description: Amend zoning to allow for Tesla car dealership on Buckland Gateway
Future Town-owned property involved? ❑ Yes ❑No
❑ new street(s) ❑ new detention area
❑ new open space/recreation area ❑ active []passive
Planning Department notes:
Proposed sales/service for Tesla Cars and other products in the old LA Fitness building
Please comment by 7-12-22 and return to the Planning Department.
f
I
f
ZONING REFERRAL FORM
BY LAW, THE ZONING COMMISSION SHALL GIVE WRITTEN NOTICE OF ITS PROPOSAL TO THE REGIONAL COUNCIL OF GOVERNMENTS
NOT LATER THAN THIRTY DAYS BEFORE THE PUBLIC HEARING TO BE HELD IN RELATION TO THE SUBJECT SUBDIVISION.
NOTICE SHALL BE MADE BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED OR BY EMAIL TO zoningref@crcog.org.
CRCOG-2017
Andover / Avon / Berlin / Bloomfield / Bolton / Canton / Columbia / Coventry / East Granby / East Hartford / East Windsor / Ellington / Enfield / Farmington
Glastonbury / Granby / Hartford / Hebron / Manchester / Mansfield / Marlborough / New Britain / Newington / Plainville / Rocky Hill / Simsbury / Somers
South Windsor / Southington / Stafford / Suffield / Tolland / Vernon / West Hartford / Wethersfield / Willington / Windsor / Windsor Locks
A voluntary Council of Governments formed to initiate and implement regional programs of benefit to the towns and the region
FOR: NOTIFICATION OF REFERRALS BY ZONING COMMISSIONS
Please fill in, save a copy for your records and send with appropriate attachments by certified mail or electronically to:
zoningref@crcog.org
FROM: Zoning Commission
Planning and Zoning Commission
City or Town Council (acting as Zoning Commission)
Municipality: Town of South Windsor
TO: Capitol Region Council of Governments
Policy Development & Planning Department
241 Main Street, Hartford, CT 06106
Date of Referral: 6/21/22
Pursuant to the provisions of Section 8-3b of the General Statutes of Connecticut, as amended, the following
proposed zoning amendment is referred to the Capitol Region Council of Governments for comment:
NATURE OF PROPOSED CHANGE:
Adoption of amendment of ZONING MAP for any area
within 500 feet of another Capitol Region Municipality.
Attach map showing proposed change.
Adoption or amendment of ZONING
REGULATIONS applying to any zone within 500
feet of another Capitol Region Municipality.
Attach copy of proposed change in regulations.
THE CHANGE WAS REQUESTED BY: Municipal Agency:
Petition
DATE PUBLIC HEARING IS SCHEDULED FOR: 7/26/22
MATERIAL SUBMITTED HEREWITH:
Regulation Changes Map of Change Supporting Statements Public Notice
Other (Specify):
HAS THIS REFERRAL BEEN SUBMITTED PREVIOUSLY TO CRCOG?
YES NO. IF YES, ON WHAT DATE:
(FOR USE BY CRCOG) Name: Michele Lipe
Date Received: Title: Director of Planning
Sent certified/e-mail? Address:
Phone:
Email:
1540 Sullivan Avenue
South Windsor, CT 06074
860-644-2511 ext. 2252
michele.lipe@southwindsor-ct.gov
File Number
MODIFY SECTION 4.2.6A: After the words "automotive, boat, recreational vehicle, truck and similar
sales, service and repair garages" add the following: "except for the sales and service of new and used
vehicles that are: exclusively electric, do not have fuel tanks, do not use oil, and do not have internal
combustion engines"
ADD SECTION 4.2.6m Section 4.2.9.L: "The display of new and used electric vehicle sales shall be limited
to 50% of the parking stalls currently allowed on the premise with additional landscape and decorative
pedestrian design as approved by the city".
ADD SECTION 4.2.5F: "The sale of new and pre-owned automobiles; including test drives, parking,
delivery and storage of new and pre-owned automobiles. The maintenance, repair and charging of new
and pre-owned automobiles; and the sale of energy products and solar products, parts, accessories and
general office."
MODIFY SECTION 4.2.6A:After the words “automotive,boat,recreational vehicle,truck and similar
sales,service and repair garages"add the following:”except for the sales and service of new and used
vehicles that are:exclusively electric,do not have fuel tanks,do not use oil,and do not have internal
combustion engines”
ADD Section 4.2.9.L:”The display of new and used electric vehicle inventory available
for sales shall be limited to 50%of the parking stalls currently allowed on the premise with additional
landscape and decorative pedestrian design as approved by the city".
ADD SECTION 4‘2.5F:”The sale of new and pre-owned automobiles;including test drives parkingdeliveryandstorageofnewandpre-owned automobiles The maintenance,repair and charging of new
I
and pre-owned automobiles;and the sale of energy products and solar products,batteries parts,accessories and general office."
RECEIVED
JuL I I 2022
$OUTH WINDSOR PMNNING DEPT,
MODIFY SECTION 4.2.6A: After the words "automotive, boat, recreational vehicle, truck and similar
sales, service and repair garages" add the following: "except for the sales and service of new and used
vehicles that are: exclusively electric, do not have fuel tanks, do not use oil, and do not have internal
combustion engines"
Section 4.2.9.L: "The display of new and used electric vehicle inventory available for sales shall be
limited to 50% of the parking stalls currently allowed on the premise with additional landscape and
decorative pedestrian design as approved by the city".
ADD SECTION 4.2.5F: "The sale of new and pre-owned automobiles; including test drives, parking,
delivery and storage of new and pre-owned automobiles. The maintenance, repair and charging of new
and pre-owned automobiles, including the sale of parts and accessories. The sale of energy products
including solar panels and batteries. General office use."
CAPITOL REGION
COUNCIL OF GOVERNMENTS 241 Main street /Hamom/Connecucut /06106
Walking togelher far a better rag/on.Phone (860)522-2217/Fax (860)724-1274
www.mogorg
20215SAm
T0:SOUTH WINDSOR PLANNING AND ZONING COMMISSION
REPORT ON ZONING REFERRAL Z—2022—90:Proposed zoning amendment pertaining t0automohilesalesanddealershiprequirements.
COMMISSIONERS:Receipt is acknowledged 0fthe above-mentioned referral.Notice Oflhis proposalwastransmittedtothePolicyandPlanningDivisionoftheCapitolRegionCouncilofGovernmentsundertheprovisionsofSection8-3b of the Connecticut General Statutes,as amended.
COMMENT:The staff ofthe Regional Flaming Commission ofthe Capitol Region Council ofGovernmentshasreviewedthiszoningreferralandfindsnoapparentconflictwithregionalplans and
policies or the concerns of neighboring towns.
The public hearing date has been scheduled for 7/26/2022.
In accordance with our procedures this letter will constitute final CRCOG action on this referral.
Questions concerning this referral should be directed to Christopher Hencheyt
DISTRIBUTION:Planner:Hartford,Windsor,East Windsor,Ellington,Vernon,Manchester,EastHartford
Respectfully submitted,
Jennifer Bartiss-Earley,Chairman
Regional Planning Commission
Brendan Malone,Vice Chairman
Regional Planning Commission
July 8,2022
Christopher Henchey
Transportation Planner
AndoverlAvon (Berlin /Bloomfleld /Bolton /Canton I Columbia I Coventry]East Granby /East Hartford /East Wndsor I Ellington I Enneld /Farmington/Glastonbury/Granby /Hartford I Hebron I Manchester/Mansneld /Marlborough I New Britain I Newinglon I PIainviHe I Rocky Hill /Simsbury I Somers l SouthVWndsorISouthingtonIStaffordISuffield/Tolland I Vernon I West Hartiord I Wethersheld IlMIIington IVWndsor I VWndsor Locks
A voluntary Council of Governments fanned to initiate and implement regional programs ofbenem to the towns and the region
Appl 22-24
Proposed Text Changes @1‘L7pm*m/wu aw m
Section 4.2 Buckland Road Gateway Development Zone (GD)
ADD SECTION 4.2.5F
4.2.5 Permitted Uses
4.2.5F The sale of new and pre-owned automobiles;including test drives,parking,delivery and
storage of new and pre-owned automobiles.The maintenance,repair and charging of new and pre-owned automobiles;and the sale of energy products and solar products,batteries parts,accessories
and general office.
MODIFY SECTION 4.2.6
4.2.6 Prohibited Uses
A.Gasoline service stations,except an automotive fuel station which is permitted as provided by
Section 4.2.5.D;automotive,boat,recreational vehicle,truck,and similar sales,service and repair
garages except for the sales and service of new and used vehicles that are:exclusively electric,donothavefueltanks,do not use oil,and do not have internal combustion engines.Public display of
any vehicle for sale is strictly prohibited,‘Boat’shall not include non-motorized boats up to 16 feetinlength(e.g.canoes,kayaks).
ADD SECTION 4.2.9.L
4.2.9 Site Appearance Requirements
4.2.9.L:The display of new and used electric vehicle inventory available for sales shall be
limited to 50%of the parking stalls currently allowed on the premise with additional landscape
and decorative pedestrian design as approved by the city.
CAUTION:This email originated from outside your organization.Exercise caution when opening attachments or on clicking Iinks
from unknown senders.
Iwas looking at the Tesla proposed text amendment.it occurred to me that there was a
probiem with the definition of exciusiveiy electric vehicles.The applicant should work on this.
First of all,the most accepted term is Battery Electric Vehicle (BEV),as opposed to Hybrid
Electric Vehicle (HEV),Plug-in Electric Vehicle (PHEV),and Internal Combustion Engine (ICE)
Vehicle.But the word vehicle is very broad,which is where the applicant needs to tighten the
wording of the exception.Here is the Wikipedia definition of BEV:
Battery electric vehicle
From Wikipedia,the free encyclopedia
ele5ric-vehlcle_s,
For electric-vehicles
see-electric
other than car.
battery
For the
powered
batteries
vehicles,
themselves,
see electric
see electric-vehicle
vehicle For passenger
battery.
A battery electric vehicle (BEV),pure electric vehicle,only—electric vehicle,fully electric vehicle
or all-electric vehicle is a type of electric vehicle (EV)that exclusively uses chemical energy
stored in rechargeable battery packs,with no secondary-gouge of mpulsion (e.g.hydrogen
fuel cell,internal combustion engine,etc.).BEVs use electric motors and motor controllers
instead of internal combustion engines (lCEs)for propulsion.They derive all power from
battery packs and thus have no internal combustion engine,fuel cell,or fuel tank.BEVs include—but are not limited to[l][2]amotorcycies,bicycles,scooters,skateboards,raiicars,
watercraft,forklift;buseshtruckshand cars.
Here is their definition of electric car,but it’s not clear whether that includes pickup trucks
(electric F—l50,for example):
Electric car
From Wikipedia,the free encyclopedia
An electric car,battery electric car,or all—electric car,is an automobile that is propelled by one
or more electric motors,using only energy stored in batteries.Compared to internal
combustion engine (ICE)vehicles,electric cars are quieter,have no exhaust emissions,and
Lipe,Michele '
From:
.Ii
Stephen Wagner-SW <wagnersg-sw@out|ook.com>
Sent:Thursday,July 21,2022 11:43 AM
To:Lipe,Michele
Subject:[External]Tesla definitions
ower emissions overall.[1]In the United States and the European Union,as of 2020,the total
cost of ownership of recent electric vehicles is cheaper than that of equivalent ICE cars,due to
ower fueling and maintenance costs.[2][3]Charging an electric car can be done at a variety of
charging stations;these charging stations can be instailed in both houses and public areas.
Steve
Stephen Wagner
181 Tumblebrook Dr
South Windsor,CT 06074
860-648—4434 (h)
860-490-8764 (m)
AL INQUIRER
-By Joseph Vlllanova
jvi|lanova@journa|inquirer.com
SOUTH WINDSOR —-AfterafailedattempttosetupshopinEastHartford,a zonc changeapplicationhasbeenfiled toallowforaTeslaelectriccardealershlpandservrcecenter1ntheBucklandRoadGatewayDevelopmentZone
The apphcatlon,nled by DrakeMotorPartnersCTLLChststhe
prOJect name as “Tesla Sales andService(Text Amendment)”andthelocationas100CedarAve,which houses the soon—to beclosedEsportaFnnessformerlyLAFltness
Tesla sells 1ts electrlc .carsadirectlytoConsumers,some-thing dealerships here say Vio-lates state law..The proposed text‘amend—ment in South Windsor wouldallowfor“the sale of new and’automobiles "pre-owhedincluding test—drives,delivery,and storage,as well as vehicle
maintenance and the sale of“energy products wand Solar
products,parts,accessories.”
The application is only for atextamendment,and no site
plan is included yet as part oftheapplication.
South Windsor regulationsstatethattheBuckland Road '
Gateway Development Zone
prohibits “automotive,boat,recreational,vehicle,truck,andsimilarsales.”'The proposedtextamendmentWouldexclu-sively allow for the sale,serv—ice and display of electricVehiclesandnoothertypes ofvehicles
The Planning and ZoningCommissmnWillformallyreceivetheapphcationat itsTuesdaymeetmgApublichearingdateisnOt-currentlysetandthePZCmustact ontheapplicationbySeptl
A representative for theapphcantdechnedtocommentThursdayontheapplic“ation.Last year the East Hartford
TongvoWs to fight attempts
By Dave Altimari
CT Mirror
Connecticut’s gun laws won’tbeimmediatelyimpacted byThursday’s U.S.Supreme CourtrulingthatstruckdownaNewYorklawrestrictingwheregunscanbecarriedoutsidethehome,but it could open the door ,tofuturechallenges,ofhcials said.
While acknowledging the deci-sion “could undermine”Connecticut’s gun laws,AttomeyGeneralWilliamTong saidThursdaythathisomceisready.to,hght to keep “some of thestrongestgunlawsinthenation.”“We are not going back inConnecticut,”Tong said.“We
will stand up and hght,and if this..decision leads to an attack onConnecticut’s gun laws,we willbethehrewall,and we will doeverythingwecantoprotect
from harm’s way.”
The Supreme Court’s 6—3decisioninNewYorkStateRifle&Pistol Association IncvBruenstrikesdownalawthatrequiresanyonewhowantstocarryaconcealedweaponforself-defense in New York toshowa’specific need for doingso.
The court ruled that the NewYorklawviolates'a person sSecondAmendmentnghttobeararms
Five other states includingMassachusettshavelawsSimilartoNewYork’s that are nowimperiled
Attomey Rachel M Baird,who represents chents before thestate'Board of Firearms PermitExaminers,said the SupremeCourtdecisionwill“certainly
lead to a challenge ofConnecticut’s laws.”“In C onnecticut,someone canbedeniedagunpermitbecause aConnecticutfamiliesandchil—'
dren,particularly kids in school,
TESLA .PROPOSAL
WHAT:A proposal to change zon—ing regulation in the BucklandRoadGatewayDevelopmentzoneinSouthWindsor,whichcurrentlyrestrictsthes'ale andserviceofautomobilesandothervehicies,to ailow Tesla tosellandserviceitselectricvehi-cles.
WHEN:The applicationis datedJune16,and the Planning andZoningCommissionwillformal-ly receive the application at itsTuesdaymeeting.No date issetforapublichearing,but thePZCmusttakeactionbySept.1.‘
Planning ’and ZoningCommiss10napprovedspecral-use permits for a Tesla fac1lity,but they were ultimatelyrevokedamidlitigation filedagainstthetownbyHoffmanAutoGroup.
The first East Hartford per-mit for a Tesla facility
described 1t as an “electric carshowroomandservicecenter.”It,was approved in April 2021.Hoffman tiled a lawsuit in June2021,claiming that the firstapplicationfortheTeslafacili-ty,which specifically men—tioned automobile sales Violat—ed Connecticut and muniCipalIaw
The.town revoked the hrst
permit in August 2021,thesamemonth‘that a second spe-cial use permit for the site wasapprovedThatsecondapphca—,tion described the facrlity as a
place to serv1ce and delivernewandpreownedautomo-biles.The second lawsu1t,hled inAugust2021,claimed thatTeslaused'misinformation toacquireaperimtforthepro-posed serv1ce facrlity
The town revoked the second-
permit in March 2022,andHoffmanAutoGroupwithdrewbothofitslawsuitsshortlyafterwards.
to weaken state’s gun laws
r police chief deems them ‘unsuit—
able to own a gun,even thoughthereisnodehnitionofwhatmakesapersonunsuitable,”Baird said.“Whether you get a
permit is totally dependent onthisabstracttermthat'isn’t ‘
dehned at all
New lawabortiona
A new law that goes intoeffectJulylallowsmorehealthcareprofessionals'tobetrainedtoperform in—clinic aspiration abortionstypicallydonemthe hrsttrimesterInanarticleThursdayitwasincorrect-ly reported what proce—dures these professmnalswouldbeallowedto con—gductundertheexpanSion.é
explains
L....Tesla eyes Buckland burlding
In order to obtain a gun permitinConnecticutapersonmustapplytothelocalpolicechief orstatepoliceandtheycanbedeniedifthatommaldeemsthem‘unsuitable "
The only recouise if they aredenied1stoappealtotheBoardofFirearmsPermitExaminersbutBairdsaiditcouldtakeuptothreeyearsforthatboardtohearyourcase
a 3 Vrnt-«ee rt/t»
Flag protocolFullstaff
Only the
president oragovernor canauthorizeflyingthenationalflag
at half staff..Only a governoricanauthorizeflying
i the state flag athalfstaff
Advrce ...........................L .................23 l Crossword ......................................33 i Nation/World ...............................8-11n_r I ‘.Take6 ................................................6
Li e,Michele
CAUTION:This email originated from outside your organization.Exercise caution when opening attachments or on clicking Iinks
from unknown senders.
Submitted on Monday,July 25,2022 —4:59pm
Submitted by anonymous user:2600:88OSzd200:14O:ec56:60e8:bffa1f41f
Submitted values are:
Subject:Planning and Zoning Commission
==Please provide the following information==
Your Name:Christine McCann
E-mail:cmccann170@hotmail.com
Phone Number:8606444119
==Address==
Street:170 Lisa Dr
City:South Windsor
State:Connecticut
Zipcode:06074
Minutes or Agendas?Agendas
Comments:i write concerning application 22—24P,to modify the Buckland Gateway Zone to allow electric vehicle sales.i
am against making an exception to the regulations for electric vehicle sales.Electric vehicle dealerships,(Tesla)are no
different than any other car dealership;a big box building with no architectual style,surrounded by acres of pavementandcars.If you make an exception for this applicant,are you opening Pandora's box?How will you deal with others that
want to locate on Buckland Rd?Car dealers like to group together so will the entry to South Windsor become like RTS in
East Windsor with car lots lining both sides of the road?Not an attractive Gateway to South Windsor.
Attachment:
The results of this submission may be viewed at:
https://www.southwindsor—ct.gov/node/97133/submission/55551
From:Christine McCann via southwindsorct <cmsmailer@civicp|us.com>
Sent:Monday,July 25,2022 5:00 PM
To:Lipe,Michele
Subject:[External]Form submission from:Minutes and Agendas Comment Form
From:Tim Shepard via southwindsorct <cmsmailer@civicp!us.com>
Sent:Monday,July 25,2022 5:36 PM
To:Lipe,Michele
Subject:[External]Form submission from:Minutes and Agendas Comment Form
CAUTION:This email originated from outside your organization.Exercise caution when opening attachments or on clicking Iinks
from unknown senders.
Submitted on Monday,July 25,2022 -5:36pm
Submitted by anonymous user:2601:l93:c301:f0:b4e8:ef02:8462:f80e
Submitted values are:
Subject:Planning and Zoning Commission
==Please provide the following information==
Your Name:Tim Shepard
E-mail:tshepard@ethicalsolutions.net
Phone Number:8602147252
==Address==
Street:45Newberry rd
City:So Windsor
State:Connecticut
Zipcode:06074
Minutes or Agendas?Agendas
Comments:
ldo not believe the P and Z should change its policy regarding car dealership in the Buckland Zone solely because of
electric cars.
if vehicle sales are not the type of business you want in that area it doesn’t matter what the propulsion is.
Tim Shepard
Attachment:
The results of this submission may be viewed at:
https://www.southwindsor-ct.gov/node/97133/submission/55556
Fol er,Jeffre
CAUTION:This email originated from outside your organization.Exercise caution when opening attachments or on clicking links
from unknown senders.
Submitted on Monday,July 25,2022 —10:58pm
Submitted by anonymous user:2607:fb90:b1a0:faf8:ccab:fc86:3c3c:2e22
Submitted values are:
Subject:Forthe Planning/Zoning/Wet|ands Departments
Message:
Dear Planning and Zoning Board Member Stephanie Dexter:
i read that there is a hearing on 7/26/22 regarding the Buckiand Road Gateway Zone Text Amendment allowing electric
car dealerships to sell new and used electric cars on Buckland Road.My husband and i have lived in South Windsor the
majority ofour life and we do not support any dealership to be built on Buckland Road.i am not sure why this is even
being discussed as my understanding is that it’s currently illegal for an auto maker to sell directly to consumers in this
state.Regardless,we do not support this.Thank you.
Sincerely,
Lisa Rosati
Robert Rosati
10 Devonshire Drive
South Windsor,CT
==Please provide the following information==
Your Name:Lisa Rosati
Your E-mail Address:r|rosati98@gmail.com
Organization:
Phone Number:860-644-6326
==Address==
Street:10 Devonshire Drive
City:South Windsor
State:Connecticut
Zipcode:06074
The results of this submission may be viewed at:
https://www.southwindsor-ct.gov/node/2/submission/SSSGI
From:Lisa Rosati via southwindsorct <cmsmai|er@civicplus.com>
Sent:Monday,July 25,2022 10:59 PM
To:Planning
Subject:[External]Form submission from:Contact Us
-m _“KCUNNEmcuAUIoMoTIvREIAILERASSOCIATI No
ET
S
I write on behalfof the Connecticut Automotive Retailers Association (“CARA”)to objecttotheabove-referenced Application 22-24P by Drake Motor Partners,LLC.CARA has goodcausetobelievethatthisApplicationissoughtasaprecursortobringingaTeslacardealership toSouthWindsortoengageinactivitythatwouldviolateConnecticutstatutorylaw.The Planning&Zoning Commission must not approve textual amendments to its regulations that couldthereafterbeexploitedtotrytooperateabusinessinamannerthatwouldbecontrarytostatelaw.
The Application in question,Appl.22-24,is nominally presented on behalf of “Drake
Motor Partners CT LLC.”The purpose ofthe proposed project is now listed as:“Electric VehicleSalesandService.”The person identified for contacts related to the Application is “Jon Hauser —
Drake Real Estate 496 S.Broadway Denver,CO 80209.”Mr.Hauser,acting through his DrakeRealEstatebusiness,is well known to be a partner in projects of this nature with Tesla Inc.Todate,Mr.Hauser and Drake Real Estate have been mentioned in various media accounts as beinglinkedtoTesla’s efforts to open dealerships in Washington,Colorado,Kentucky,Utah,andTennessee.See Tabs A through E.(And Drake’s website apparently publicizes its status as a“preferred developer for Tesla.”See Tab F.)Unlike Connecticut,the laws in other states permitautomobilemanufacturers,which Tesla is,to sell their vehicles directly to the public.Thatapproach,however,is not permitted in Connecticut.To approve this Application as the first steptotheopeningofaTesladealershipinSouthWindsorfor“Electric Vehicle Sales and Service”would work to violate Connecticut law.
Connecticut requires motor vehicles to be sold through dealers.Direct sales by vehicle
July 26,2022
BY EMAIL
Town of South WindsorPlanning&Zoning Commission1540SullivanAvenueSouthWindsor,CT 06074
Re:App].22-24P,Drake Motor Partners,LLCBucklandRoadGatewayZoneTextAmendments
To Chairman Pacekonis and Commissioners:
manufacturers is not permitted.Section 14-52(a)ofthe Connecticut General Statutes provides in
relevant part:
No person,firm or corporation may engage in the business ofthe buying,selling,offering
for sale or brokerage of any motor vehicle or the repairing of any motor vehicle without
having been issued either a new car dealer’s,a used car dealer’s,a repairer’s or a limited
repairer’s license.
Connecticut law likewise makes clear that manufacturers may not obtain such a license to sell
vehicles.See Conn.Gen.Stat.§14-52b(b).In seeking to add a permitted use to the Buckland
Road Gateway Development Zone for "[t]he sale of new and pre—owned automobiles;including
test drives,parking,delivery and storage ofnew and pre—owned automobiles,”the Application by
Drake Motor Partners CT LLC would invite a plain violation of Connecticut law,when no such
business operated by a manufacturer,such as Tesla,would be legal.This Commission must not
authorize changes to its goveming provisions that would be used as cover to violate state statute.
This Commission should be aware that a Tesla location in Greenwich was the subject of
DMV administrative and Superior Court litigation in Tesla,Inc.v.Connecticut Dep’t ofMotor
Vehicles No.HHBCV176038099 2018 WL 7046636 (Conn.Super.Dec.6,2018)(Tab G).Both
the DM\’/and the Superior Court determined that the activities at a Tesla “Gallery”in Greenwich
was “illegal”and in violation of Section 14-52.See id.at *10.Although Tesla had attempted to
argue that it was not engaged in “selling”vehicles,both the DMV and the Superior Court
disagreed.As the Court explained,"[i]fTesla was not engaged in the business of selling motor
vehicles at the Gallery,it’s difficult to see what it was engaged in at that location.The record
evidence is that Gallery employees educated visitors to the Gallery with the goal of selling them
Teslas.”1d.at *8.The Court noted that Tesla had made available examples of its vehicles,
permitted test drives,and allowed customers to format and save a “design [of]their desired
vehicles on a computer terminal at the Gallery”for subsequent purchase hem the customer’s
personal computer.See id.at *8.Such activity,as well as the fact that the location’s employees
were compensated for sales that took place following customer visits to the “Gallery,”led the
Court to conclude that such actions amounted to “selling and offering for sale,”see id,which is
prohibited in Connecticut by a non—licensed entity,such as a manufacturer.
In regard to the matter before this Commission,the Application by Drake Motor Partners,
LLC leaves no doubt that it asks this Commission to authorize the “sale”of motor vehicles,
including “test drives,”delivery ofthe vehicles,and other conduct related to selling cars.If
carried on by a manufacturer like Tesla,such activity is expressly prohibited by Connecticut law.
See Conn.Gen.Stat.§§l4—52(a);14~52b(b).CARA believes that,through this effort brought in
the name of “Drake Motor Partners CT LLC,”Tesla is seeking to proceed even further than it did
with its improper “Gallery”model at issue in that prior litigation.Such direct sales would
constitute a violation of Section 14-52.
CARA is concerned that the amendments proposed in this Application to South
Windsor’s zoning requirements are a first step to actions that would violate Connecticut’s
requirement that motor vehicle sales occur through licensed dealers,not directly from
manufacturers.Mr.Hauser should be pressed to identify the party for which he is seeking the
amendments requested in this Application.What entity would he propose to be permitted to sell“new and pre-owned automobiles...?"What entity is going to engage in the “Electric VehicleSalesandService”contemplated by the Application?Is that entity licensed by DMV to sell newmotorvehicles?Or is the entity a manufacturer that does not hold the required license?GivenhismultipletiestoTeslaelsewhere,and his prior application before this Commission thatexpresslymentionedTesla,CARA is confident that the party behind Mr.Hauser’s Application isTesla.
Should this Commission approve the Application by Drake Motor Farmers,LLC,CARAfearsthatsuchachangewillopenthedoorforanunlicensedmanufacturertounlawfullysellvehiclesinSouthWindsor.Because such activity would be contrary to Connecticut law,thezoningenforcementofficerwouldthenbeobligatedtotakeaction.See Conn.Gen.Stat.§8-12
(authorizing any official with jurisdiction “to prevent any illegal act,conduct,business or use inoraboutsuchpremises”).CARA submits that the Commission should be wary of amending itsregulationsinamannerthatwouldpermitconductthatthestatelegislaturehaslongforbidden.
CARA hereby respectfully opposes any action by the South Windsor Flaming &ZoningCommissionthatcouldservetobeafirststepinaplanneduseofpropertyinSouthWindsor thatwouldviolatetheapplicablelawsandregulationsoftheStateofConnecticutforthesalesandserviceofmotorvehicles.
Respectfully submitted,
ryxell
President,CARA
Appl 22-24P,Drak€Motors Text Amendment‘Public Hearing 7/26/22
1.This is a request for zoning text amendments to add to Permitted Uses Section
4.2.5F to allow for the sale of new and pre—owned automobiles including
servicing;modify Prohibited Uses Section 4.2.61 to allow for the sales and
services of new and used vehicles that are electric;and add to Site Appearance
Requirements Section 4.2.9.1 to allow display up to 50 %ofthe site for
news/used vehicles
2.Currently automobile dealerships are prohibited in the Buckland Gateway
development zone —they are only permitted in the general commercial zone by
special exception subject to the standards of Section 7.9.
3.As stated in the proposed text,the request would add the sale of new and pre-owned automobiles including maintenance of such as well as sale of energy
products and solar products,and batteries.The sale of these vehicles would be
limited to new and used vehicles that are:exclusively electric,do not have fuel
tanks,do not use oil,and do not have combustion engines.
4.The applicant is also requesting to be allowed to display such vehicles in up to
50%of the existing parking stalls subject to review of additional landscaping
and decorative pedestrian design.
5.The Business Development section ofthe Town Plan has one of its goals for the
town to “attract additional business development that is consistent with the
character and scale of it surroundings with a strategy to maintain current
business zones,with updates.”
6.Staff primary concern is that with the dedication of 50%of the site to display
that there is still adequate parking demonstrated for the uses on site/size of the
building.Also,the PZC may want to require and display areas to maintain
current lighting levels that have been established throughout the zone.If the
Commission had specific site concerns,you may consider allowing this use by
special exception and establish specific criteria by which the application could
be conditioned.
7.The Capitol Region Council of Governments has reviewed the amendment as
required and has offered the following report.
If this application is approved,the Planning Department requests a minor change to
changing the reference from “city "to “town”.
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THE SPOKEsMAN-REVIEW
Washington Education Business Idaho
NEWS >BUSINESS
Developer with ties to Tesla planning electric vehicle
sales,maintenance facility in Liberty Lake
April 2,2021 i Updated Fri..April 2,2021 at 10:57 p.m,
y a a
By Amy Edelen 6’amye@spokesman.com
(509)459—5581
A real estate development company with ties to Tesla Inc.is planning to build an electric
car sales and maintenance facility in Liberty Lake.
Denver-based Drake Real Estate Services,which has previously partnered with Tesla for
electric vehicle projects,iiled plans with the city of Liberty Lake to build a 32,400—
square-foot facility to “include sales,service,maintenance,charging,storage,and
delivery of new and preowned electric automobiles”at 1805 N.Pepper Lane.
A conceptual site plan shows the facility will also have 185 parking spaces and 25 electric
vehicle charging stations,some of which Will be facing Mission Avenue.
The facility could include up to 280 charging,display,parking and storage stalls site,
which is larger than iive acres,according to an environmental review for the project.
A company name was not attached to the project in Liberty Lake.Drake Real Estate
Services,however,submitted a preliminary application with the city of Vancouver,
Washington.earlier this month for a similar-sized electric vehicle service center in which
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Drake Real Estate Services was also involved in the development of Tesla’s iirst
automotive sales and service facility in Colorado,according to Maxwell Builders,a
Colorado—based firm that built the facility.Drake Real Estate Services Managing Partner
Jon Hauser declined to comment on additional details for the project,citing a
nondisclosure agreement.Tesla did not respond to a request for comment on whether it
was considering an electric car sales and maintenance facility in Liberty Lake.
Developers are estimated to break ground on the electric vehicle facility in July with
completion scheduled by March .The facility,when complete,will employ 50 people,
according to the environmental review.
Tesla opened its first service center in Spokane last year at 3304 E.Springiield Ave.The
Palo Alto,California-based electric vehicle and clean energy company operates seven
stores and service centers in the state.my Edelen can be reached at (509)459-5581 or at
amye@spokesman.com.
Access Local Journalism on:
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7/25/22,2:42 PM Tesla plans service facility in Loveland —Gleeley Tribune
BUSINESS
Tesla plans service faci ity 'n Loveland
Ey KEN AMUNDSDN i
March a,202‘am on am.
LOVELAND —Luvelana may swn he name w a Tesla um;(Nasdaqv TsLA)busines;auhaugh m1 necessamy a dealersmp.
ma eleauweme manuracxumrm manar has mgun seeking me necessary pmis m whammam me farmer navidscn cmmuaammmp Imam a‘1am N.umn Ave.
17m tauw was pumnasm In Septemher 2020 hy Draka Lavelana Mmor Pannsrs LLc,u mmpany amlnated with Drake Real Em‘a Semus Inn,496 s,Emadway in Denver.Thu purchase mica
was $3.615 mmm,and ma :olhrwas Pwevspurt‘Pwgenia:LLc.
Dmka Real Esme has created mumme named Iiauimy wmpamaa In recent "mums,[naming Drake Mam Panners Mumpms LLc,uraka Maxor Pannm many Laka LLc (Spokana,Wasnhgmn),
naka Mow Farmers Four LLc and Drake Maw c-ly Pames LLc.Tha Mampms‘Yennassee,enmy purchased a Vumar Nyunaa.aaalammp,and the Shelby County chambemnama spaamam
max nwonld nousa a Tub «warship.
Jan Hausar.cEo n!Drake Raal Esme Servioas.said n9 Is rammed by a narkdisdasma agreemem from Ianq‘nq about his tenam nmsaid ma lanarnwas (he same In ham Lavaiand and Memphis,
Tna 1594 N.Lincdn (admy is Iisiad in oouriiy mama as a 24.710aqnara-iaui showraum building and a 9,72Dsqnare4mt service garage.Pawerspons paid 36mm man it bangmme iaciiiiy in
2mi.awarding to "words.
Justine Eruno,assraiani 1a inc Lrmlarrd criy manager.said a lanani-iinish applreuoan and :ignpamm apnlrnaunn rave been med with inn city,'n‘a nur undmunding mai inis ‘5 nar a dealmhrp bu!
win be ler [vahinia]repairs and assodaied services:she said.
a 2021 ErzWesi Maura LLC
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https://www.greeleyiribune.c0m/2021IO3/06/1esla—plans-service-faci|iiy-in»|ove|andl 1 13
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Testa is opening i’ts firsf dealership in Kem‘ucky,according 10 a filing from Louisville
Meiro Planning 8 Design Services.
The 30,970—square-fooi facility will be localed ai 1 i701 Gaieworlh Way,off Old
Blankenbaker Road in Middlelown.Anoiher dealership in The area is Enierprise Car
Sales down ’rhe road aT 81 5 Blankenbaker Parkway.
The esiima’red amouni of iobs,opening dafe and cosf of fhe dealership is unclear.
Tesla represenfafives did nof respond f0 a requesf for commenf.
Jon Hauser,a developer wifh Colorado—based Drake Real Esfafe Services,lnc.,also
declined fo speak abouf fhe proiecf.
'I'm nof allowed fo say anyfhing,"Hauser said."The pieces of The puzzle are preffy
obvious.”
This locofion was formerly occupied by Bluegrass Harley—Davidson,which is
opening a new dealership of Terra Crossings Boulevard near Old Henry Road.As we
previously reported (hffps://www.biz]ourna|s.com/louisville/news/2020/O9/09/kevin-
cogan-harley-davidson.hfml),if'll be upgrading fo a roughly 33,000-square—foof
building inside a developmenf owned by Jefferson Developmenf Group af 13508
Facfory Lane.
The filings show fhere are also plans for fhe property of 1 171 5 Gafeworfh
Way,which is curren’rly vacanf commercial land.Tho’r area will be used fo expand
parking of fhe dealership.
Bofh locafions are owned by Benneff Realfy LLC,per fhe Jefferson Counfy Properfy
Valuafion Adminisfrafor websife.They were purchased back in 2013,and fhey have
a combined value of $4.8 million as of 2017.
Tesla,founded in 2003,is headquarfered in Polo Alfo,California.If'screofed a
number of differenf energy-efficienf vehicles,from semi-frucks fo sedans,and fheir
mosf recenf producf is fhe Cyberfruck,which is planned fo be released in lofe 2021,
according fo ifs websife.
Read Full Arficle (hffps://www.biziournals.com/|ouisvi||e/news/2021/08/02/kenfucky—
s-firsf—fesla-dealership-opening.hfml)
BACK To NEWS (INEwsI)
7/25/22.3.09 PM Tesla Io open new daaYershIp in Pleasam Glove I News,SponS‘Jobs -Dady Helaid
NEWS spews imzxmwsm urismzs oamJARxEs DEALS pmceNoTIcE mmv‘supan
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7/25/22,3 09 PM Tesla lo open new dealership in Pleasanl Grove i News,Spons‘Jobs -Da‘Iy Hevald
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wllh lhe 5L Jnhn Pmpemes'mis 'mamas said."We believe Tesia's pmsencs in Valley nmvn will h:a nannal iii
and complemem ihe sxisiing campnnics and is 'is."
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wiihin mah.lnreresied panies could visiiTssla's sauui sal:Laka shuwradni.bur had ip purehase the cars uni uisraie.
in April api7,rhe uzah slimms asun upheld rhis law.
anuss hill asp,hula bealership l lssnss mendinams which was passrd in aura,made n so lhriTesla mild lsgahy
uwn and aperiie dealerships inrhin urah.
'llle bill was sponsored eriginally hy Train Scn.Curl Bramble and former Rep Kim Coleman plWesr Jordan
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NEWSLE‘I'rER
Jain lhpusands already receiving our darlvnewslerrere
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7/25/22,3:12 PM Tesla may be charging toward Memphis -Memphis Local,Sports,Business &Food News i Daily Memphian
f r Sunk DailyMemphiani
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Tesla may be charging toward Memphis
EV Mm.saccm m me Daly Memph‘an Updmeu January us,202:5 2a m cu lPubhsned January u5,2u21 5 53 9M cr
me "aw-vacant ca:dealership m :azo N,cemanmwn Parkway may he nccupiza hy .1cm “wing mum and/m mm.mm sway/Dewy Mempman)
ATesla service center and/or stare appears m be heading m Memphis,a broker involved in a real esrare dea1 rold The Daily
Memphian.
The California company that makes electric vehicles and other green-energy products had not responded to a request for
information by Friday evening.
Comme—Cia eenrer mpnsed near TPc $ouzhwm¢
'l‘he now-vacant property that housed the Homer Skeiton whirchase Hyundai dealership was sold this week,brokers involved in
the deal confirmed.
The site at 3020 N.Germantown Parkway,inside Bartlett.exchanged hands rot $4.55 million.The preperty invnlved is at least
9.2 acres,accatding to property records.
The site is within a row of"Wolfchase'branded car dealerships ncrth of the Wolfchase Galleria.Extending norrh from the
inrersecrion of North Germamown Parkway and Stage are Wolfchase Chrysler,Wolfchase Nissan,Wolfchast:Honda,[he former
Shelton Wolfchase Hyundai,and Infiniri ofMemphis.
Businessman Anwar Arnan in Octoberhought the closed Hyundai dealership property,and said it late this weelt to a Denver-
based entity called Drake Motor Partners Memphis LLC.
Barry Maynard.vice president er brokerage for Gill Properties.represented the seller,Aman.
Maynard told The Daily Memphian that he is confident that the end user orthe property will be Tesla.
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7/25/22,3:12 PM Tesla may be charging toward Memphis -Memphis Local,Sports,Business &Food News I Daily Memphian
He bases his beliefon a half-dozen inquixies Maynard said hc has rcceived (he past few months fmm people connected lo Tesla‘
They include master brokexs for Tesla,master developers {m Tesla,and Tesla corporaLe reprasematives.
Robert Sloan.a partner with TSCG (formerly The Shopping Center Group).represenred [he buyer,Drake Mulor Partners
Memphis LLC.Sloan declined ro commentl
Maynard said the third-party enriry that bought the property did so only to accommodate a new Tesla location in Memphis.
Now,the nearest Tesla store to Memphls is in Nashville.However.the tesla.com website lists S851 Advantage Cove in southeast
Memphis as a service location.
An October report by Elecktrek,a website that covers news involving Tesla and green energy,states that Tesla's production of
electric cars has outpaced its ability to provide service.and the company is pushing to open more service centers —one per week
in 202 1 —to meet growing demand.
Tesla has been on a strong toll,having reported profits for four consecutive quarters.
mamxealtyshuy ‘memes
The company also announced it had produced more than 500,000 cats in 2020,up 40%from 2019i
Investors have been drawn to the company.At the close of trading on Friday,.ian.8.its stock price was $880.According to the
New York Times,investors value Tesla at more than the combined market capitalizations of several maior car companies,
including Toyota,Volkswagen,Ford and GM.
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https:I/dailymemphiancom/section/suburbsbanlell/articlell91 93/tesla—dealership-store-wo|fchase-bai1|eit 2/2
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Q DRAKEI'I HOME v DEVELOPMENT ASSET MANAGEMINT INVESTMEN‘I v ABOUT USummmmmm
Drake Real Estate is a commercial real estate development mm,founded by Jon Hauser,in Denver,CO,in 1999‘The company specializes in single tenant build-to-suits and small
to medium shopping centers.Drake is a small,nimble shup,who believes in a hands-on apploach to the entire developmem process,from acquisitian to disposition,which
positions the company well to weather the tides oi market (luctuations and stay able to adapt and thrive,Drake Real Estate is an investor with local Denver business the Little
Pub Company,and in the iall of 2019 Drake facilitating the hrst two ground-up restaurants to be added to Little Pub's arsenal —State House in Reunion,CO and Renegade in
Denver,C0,1hroughout the pandemic,Drake worked with tenants like Caliber Collision,Sleep Number,Little Pub Company,and more,to continue to develop excellent new
centers and establishments to Colorado and beyond,Drake is proud to he a preferred developer farTesla,and has either completed oris currently underconstnxtion of service
centers in Colorado Springs,Loveland,and several other states including Tennessee,Washington,Utah,and Kentucky,
<PREV xt >Ne
AEOUT Us
Tesla,Inc.v.Connecticut Department of Motor Vehicles,Not Reponed in Atl.Rptr.(2018)
2018 WL 7046636
2018 WL 7046636
Only the Westlaw citation is currently available.
UNPUBLISHED OPINIONI CHECK
COURT RULES BEFORE CITINGI
Superior Court of Conneclicul,
Judicial District of New Brilain at New Britain.
TESLA,INC.
V‘
CONNECTICUT DEPARTMENT
OF MOTOR VEHICLES e1 a1.
HHBCV176038099
i
December 6,201 8
Opinion
Joseph M.Shortall,Judge Trial Referee
*1 General Statutes §14-52(a)provides that “(n)o person,
firm or corporation may engage in the business ofm selling
[or]offering for sale any motor vehicle without having
been issued a new car dealer's license.”The plaintiff
Tesla,Inc,(Tesla),a designer and manufacturer of electric
motor vehicles,is engaged in the business of selling and
offering motor vehicles for sale.The question posed by this
case,however,is whether it is doing so at the “Gallery”it
established and operates in Greenwich,Connecticut,without
the new car dealer's license required by §14-52(a),
In July 2016 the defendant,Connecticut Automotive Dealers
Assn,Inc,(association),a trade association representing
franchised motor vehicle dealers in Connecticut,filed a
petition,pursuant to General Statutes §4—176,for a
declaratory ruling by the department of motor vehicles
(department)as to the applicability of§14-52(a)to Tesla's
activities at the Gallery it planned to establish in Greenwich.
Tesla was given notice of the petition and permitted to
intervene in the proceeding and provide evidence at a hearing
conducted in January 2017 by a department hearing officer.
On April 25,2017 the hearing officer issued a declaratory
ruling that Tesla is “in violation of Section 14—52 of
the Connecticut General Statutes by conducting activities
collectively amounting to new car sales at its ‘Gallery’at
340 Greenwich Avenue,Greenwich,CT for which,pursuant
WESTLAW Q 20.22 Thomson Reuters N3 claim i0 original U S Got/ermine
to that statute,a new car dealer license is required.”He
ordered Tesla to “immediately cease all business function at
its ‘Gallery’until or unless the appropriate dealer license
is issued m”Record,p.813.l
In response to a petition for a stay and for reconsideration filed
by Tesla the hearing officer issued an amended declaratory
ruling on May 2,2017,Id,ppi 845 et seq.In that ruling he
reworded his conclusion of law to read as follows:“Tesla‘s
activities at the Gallery location constitute activities for which
a license is required under Section 14-52 ofthe Connecticut
General Statutes”and rescinded his order that Tesla cease
its activities at the Gallery,staying any enforcement action
until the time for an appeal ofhis ruling had expired.1d,pp,
844,848.Pursuant to General Statutes §4-1 83(a),2 Tesla has
appealed to this court.3
The resolution ofthis dispute requires the court to evaluate the
undisputed facts in Iight ofthe different theories ofthe parties
as to what constitutes “engage[ing]in the business of
selling [and]offering for sale”motor vehicles.Tesla argues
that the evidence shows that no sales of motor vehicles take
place at the Gallery nor are any binding offers for sale made
there.In the absence ofsales or offers for sale at that location
Tesla cannot be held to be in the business of selling motor
vehicles there.The defendants4 maintain that the “business
of selling”constitutes a series of activities,i.e.,apracess
that can lead to a sale,and that the activities engaged in by
Tesla’s employees at the Gallery are just the sort of activities
that constitute the “business of selling“whether or not any
sales are consummated there.As such,those activities violate
§14‘52(a)when engaged in without a new car dealer's license.
*2 The court agrees with the defendants and affirms the
conclusion of the department‘s hearing officer that “Tesla's
activities at the Gallery location constitute activities for which
a license is required under Section 14-52 ofthe Connecticut
General Statutes.”
l
“Review of an administrative agency decision requires a
court to determine whether there is substantial evidence in
the administrative record to support the agency's hndings of
basic fact and whether the conclusions drawn from those facts
are reasonable An administrative finding is supported by
substantial evidence ifthe record affords a substantial basis of
‘n ‘rtS
Tesla,Inc.v.Connecticut Department of Motor Vehicles,Not Reported in Atl.Rptr.(201 8)
2018 WL 7046636
fact from which the fact in issue can be reasonably inferred.”
Hogan v,Dept.of Children &Families,290 Conn.545,
561 (2009).
The hearing afficer's amended mling is a fanago of fact and
law.Ofthe twenty-eight “findings offact,”only seven (W 12,
l3,l4,15,22,25 and 26)constitme “findings of basic fact”
as to Tesla‘s conduct a1 the Greenwich Gallery.5
Those findings are as follows.The Gallery‘s staffconsisted of
a store manager as well as “product specialists”and “owner
advisers.”The laner received commissions and bonuses “tied
to the number of ‘Gallery’visitors who later purchased a
vehicle,a practice which stopped at the end of2016 after [the
association]petition was filed.”These payments of bonuses
and commissions were “consistent with those employees who
operated out oflicensed locations.”6 Record,p.846.Tesla
vehicles were available for inspection at the Gallery,and “test
drives were available for interested drivers.”1d,p.847.
Gallery employees were advised to answer questions
regarding vehicle features and technology,to advise regarding
the availability of financing and leasing from the company‘s
website or a licensed facility,to “assist in configuring the
look and features of the Tesla automobile and explain the
‘possibility of purchase’by visiting the company website.”
“Employees were advised that vehicle orders were not able to
be taken at the Greenwich location.”Id.
Employees at the Gallery may “explain the possibility of
purchase”at the company website “or by suggesting they call
a Tesla employee in California”Id.“The contract of sale
and purchase is provided by Tesla to a prospective buyer in
Connecticut and is consummated in Connecticut upon the
execution and acceptance ofthe agreement by the buyeri”Id.
*3 Finally,the hearing officer found that the “purchase and
sale agreement”indicated that Tesla will notify the buyer
when the purchased vehicle will be ready for pickup either at
a Tesla service center 7 or another location agreed to between
Tesla and the buyer.That agreement further provided that the
buyer‘s failure to take delivery of a purchased vehicle within
one week of its delivery date would cause the vehicle to “be
made available for sale to other customers,”Id,p4 848.
Those findings are not contested by Tesla:Reply Brief of
Petitioner Tesla.lnc.,p.10,docket entry t?‘119;and the court
WESTLAW 3‘2 0
finds that there is substantial evidence in the record to support
them.
In determining whether an administrative agency's decision
is erroneous,the court is charged with reviewing the “whole
record”;§4-1836)(5);and this court has done so.The
evidentiary record consists entirely of the testimony of the
Gallery‘s manager from its inception in October 2016 to
the time of the hearing and exhibits introduced via his
testimonyig The following additional facts are supported
by substantial evidence in the record and are relevant and
material in determining whether the hearing officer's decision
is supported by the record.
sells all-electricTeslamanufacturesand
automobiles.Its headquarters and manufacturing facility are
located in California All sales are made either via its website
or at licensed stores that it owns and operates in several states.
No sales are made at the Gallery,nor are the employees
there authorized to accept orders for vehicles.Visitors to the
Gallery may view Tesla models on display there and access
Tesla's website,design a vehicle they may wish to purchase
and create a “My Tesla”account on the website.They may
also examine the inventory ofvehicles already manufactured.
To purchase a vehicle,however,the visitor/customer must do
so elsewhere,i.e.,on her own computer or at a licensed Tesla
dealer in another state,
The job description for an owner advisor at the Gallery
called for “someone who will be responsible for building
a robust pipeline of leads and converting them into Model
S owners through charismatic presentation of product and
superb follow through”Record,pp,47748.The bonuses
and commissions on sales attributable to the Gallery were
paid to these employees because they assisted the customer
through the website.Id,p1 477,The product specialists
and owner advisors had monthly sales targets that they met
by facilitating orders through the Tesla website.ld.,ppl
479-80,483,485.During the first months of the Gallery‘s
operations,its manager testified,about fifty vehicle sales
occurred to customers who had visited the Gallery,and
employees were rewarded for these sales in the form of
bonuses and commissions Id,p.485.
There are written “guidelines”that spell out “dos and
don'ts”for Gallery employees.Id,pp.659-61.According
to the guidelines,Gallery employees answer all questions
about Tesla vehicles and inform customers that leasing and
financing are available,with details to be found on the
designs,
)is
.
Tesla,Inc.v.Connecticut Department of Motor Vehicles,Not Reported in Atl.Rptr.(2018)
201 8 WL 7046636
website or by calling a telephone sales team in Califomia or
visiting a licensed dealer in another state.Gallery employees
offer and conduct demonstration drives and help customers
design the car they might purchase and save that design in
their “My Tesla”account on the company's website,They
are specifically authorized to “explain the possibility of
purchase”at “wvwteslacom or by calling a Tesla employee
in California.Id.,pp,659-604
*4 The “don'ts”are straightforward:Don't take orders or
reservations,discuss specific leasing or financing terms,
execute any sales contracts,collect payment or facilitate
trade-ins 1d,p‘660.The Gallery manager testified that there
are stricter restrictions there to make sure that employees do
not sell or offer to sell vehicles;e.g.,employees may not
discuss prices or allow visitors to place online orders there.
And,as the hearing officer found,the payment of bonuses
and commissions tied to Gallery visitors who later purchased
Teslas was discontinued,effective January 1,2017i Product
specialists at the Gallery were then placed on salary only and
owner advisors were transferred to a licensed sales facility in
New York.
The Gallery manager,who had previously worked at licensed
sales locations in Califomia and New York,identified the
principal differences between the activities at those locations
and the Gallery as “not being able to discuss specific options
and fill out leasing or financing paperwork and not being able
to do test drives out of the store 9 or execute an order in
there.”Record,ppr 470-7 l,
When a customer saves an automobile configuration on
the Tesla website,a copy of the company's Motor Vehicle
Purchase Agreement (agreement);ld.,pp.542—45;is
generated and emailed to the customer with a price quotation,
The order is completed by the customer filling out and signing
the agreement and making an initial payment,10 Although
the agreement provided that title to the vehicle manufactured
by Tesla to the buyer's specifications transferred to the buyer
when it was loaded onto a common carrier in Califomia,it
also provided,as the hearing officer found,that,ifthe buyer
did not pick up her vehicle within one week ofthe date when it
was delivered to a Tesla service center or another location the
parties had agreed on,“your Vehicle may be made available
for sale to other customers”1d,p.544.11 This provision
raised a question as to who actually owned the vehicle upon
its delivery,the buyer or Tesla,and,therefore,where the sale
actually took place,California or Connecticut.12
\EO claw 2 origuiai U6 GovernmentWESTLAWi:7m?Tho m Reuteism
From this record the hearing officer concluded,as a matter of
law,that a license is required for Tesla to carry on the activities
described by the Gallery manager,Generally speaking,"(a)s
to questions of law,the court's ultimate duty is only to
decide whether,in light of the evidence,the agency has
acted unreasonably,arbitrarily,illegally,or in abuse of its
discretion Conclusions oflaw reached by the administrative
agency must stand if the court determines that they resulted
from a correct application of the law to the facts found and
could reasonably and logically follow from such facts.”Spitz
v.Board ofExaminers ofPsychologists,127 Conn.App.108,
116 (2011).
*5 The rule is different,however,“when a state agency's
detemiination of a question of law has not been subject
to judicial scrutiny 1..”Chairperson,Connecticut Medical
Examining Board v.Freedom of Information Comm,310
Conn.276,281-83 (2013),In that case “the agency is
not entitled to special deference [When an agency's]
interpretation has not been subjected to judicial scrutiny or
consistently applied by the agency over a long period oftime,
our review is de novo.”Id.Therefore,the court will examine
the hearing officer's legal conclusion de novo,based on the
factual record developed at the administrative hearing
Before doing so,the court will state its
understanding ofthe parties'positions on the law as expressed
in their briefs and at oral argument,
however,
II
Tesla’s legal position is simplicity itself Starting from the
premise that no sales or offers to sell take place at the Gallery,
as those terms have been defined in Connecticut case law,it
concludes that "§14-52 is concemed not with whether the
gallery is engaged in the business of Tesla,but whether it is
engaged in the business ofselling or offeringfor sale.What
matters is not whether the gallery's activities are the primary
part of Tesla's commercial enterprise,but whether sales
or offers by the gallery are a primary and regular part of the
gallery’s business And since the gallery never makes sales
or offers,it cannot be “engaged in the business”of selling or
offering for sale.”(Emphasis original)Tesla's Supplemental
Reply Brief,p,2 (Docket entry #127,Sept.26,2018).
Tesla's principal reliance is on Stale v.Cardwell,246 Conn.
721 (1998).There the Court set aside a conviction of
We rks I i
Tesla,Inc.v.Connecticut Department of Motor Vehicles,Not Reported in Atl.Rptr.(2018)
201 8 WL 7046636
the owner of a ticket scalping agency in Massachusetts
for Violation of the criminal statute)FGeneral Statutes §
53-289,that prohibited the sale,offer for sale or attempt to
sell tickets to an entertainment event in Connecticut at a price
greater than the price fixed for admission on the face of the
ticket plus a service charge not to exceed three dollars 13 Id,
723 nili
In Connecticut,the sale of goods is governed by the
Connecticut Uniform Commercial Code-Sales (code)
Under the code,a “sale”is defined as “the passing of
title from the seller to the buyer for a price ,.."General
Statutes §42a‘2-106(l).The code further provides that
“unless otherwise explicitly agreed title passes to the buyer
at the time and place at which the seller completes his
perfonnance with reference to the physical delivery ofthe
goods,despite any reservation of a security interest and
even though a document of title is to be delivered at a
different time or place”General Statutes §42a-2-401(2).
In addition,the code provides that “ifthe contract requires
or authorizes the seller to send the goods to the buyer but
does not require him to deliver them at destination,title
passes to the buyer at the time and place of shipment u.”
General Statutes §42a-2-401(2)(a)i
1d,730.
Because the contracts made by the defendant for the sale
of tickets did not contain any explicit agreement by him to
deliverthem to a particular location,and the tickets purchased
by Connecticut residents were mailed to them at a post
office in Massachusetts.the Court found that title to the
tickets passed in Massachusetts;thus,the “sale”occurred
there,not in Connecticut ld.,731-32.Furthermore,the Court
determined,the defendant did not offer to sell tickets in
Connecticut,adopting a rule that an offer to sell is made in the
place where the person communicating the offer is located.
Id,734,Since the defendant conveyed his offers to sell tickets
over the telephone from his office in Massachusetts,that's
where the offer was made,not in Connecticut.Finally,the
court concluded,as a matter of statutory interpretation,that
§53—289 did not apply to conduct that occurs out of state,
Id,73 8,
*6 Applying Cardwell's principles to its activities in
Greenwich,Tesla argues that no sales occur at the Gallery
there because there is no passage of title to its automobiles
there Moreover,there are no offers to sell cars made at the
Gallery,Tesla maintains,“The term ‘offer’has been described
WESTLAW
as a manifestation ofwillingness to enter into a bargain,which
wouldjustify another person understanding that his assent to
that bargain is invited and will conclude it Thus,an ‘offer’
creates a power of acceptance in the offeree to transform
the offeror's promise into a contractual obligation.”Kiefer
v.Danaher,Tedford,Lagnese &Neal,RC,Superior Court,
judicial district ofNew Haven,Docket No.268 178,1990 WL
265725 (Dec.20,1990).No such binding offers are made
at the Gallery;the only such offers are made in Califomia
when a potential customer is emailed the specifications ofthe
vehicle he has designed or wishes to purchase from the Tesla
inventory,its quoted price and the agreement.
The court agrees with these arguments of Tesla but finds
that they are not dispositive.FSection 53-2$9 provided
that no person shall “sell,offer for sale or altempt to sell
tickets to an entertainment event in Connecticut”above the
face value of the tickets plus a service charge of three
dollars.Section 14-52(a),on the other hand,provides that no
person,firm or corporation may “engage in the business of
selling...[or]offeringfor sale any motor vehicle”without
a new car dealer's license.These significant differences in
language preclude resolution ofthis case simply by reference
to Cardwell and without application of the principles of
statutory construction to the latter statute.14
The defendants endorse the hearing officer's conclusion
that “(t)he sale of motor vehicles is a process involving a
number of activities including but not limited to advertising,
merchandizing.facilitating,and educating,none of which
individually or less than collectively constitutes selling,as
contemplated by Section 14-52 of the C.G.S.”Record,p.
347.That conclusion is wrong as a matter of law,given the
Supreme Court‘s adoption ofthe code's definition of"sale“as
“the passing oftitle from the seller to the buyer for a price
State v.Cardwell,supra,246 Conn,at 730.
Nevertheless,since the court‘s review ofthe hearing officer's
ultimate conclusion,that “Tesla‘s activities at the Gallery
location constitute activities for which a license is required
under Section 14—52 of the Connecticut General Statutes”;
Record,p.848;is de novo,the defendants'reliance on the
hearing officer's flawed definition of"sale”is not fatal to their
case.
The defendants offer an analysis of§14-52(a)that commends
itself to the court as a reasoned approach to determining the
meaning ofthat statute.
U 8 Grit/:-nmen \liloi‘ms
.Tesla,Inc.v.Connecticut Department of Motor Vehicles,Not Reported in Atl.Rptr.(2018)
2018 WL 7046636
III
When construing a statute,our fundamental objective is
to ascertain and give effect to the apparent intent of the
legislature In other words,we seek to determine,in a
reasoned manner,the meaning of the statutory language as
applied to the facts of the case,including the question of
whether the language actually does apply In seeking to
determine that meaning,General Statutes §1-2z directs us
first to consider the text ofthe statute itselfand its relationship
to other statutes,If,after examining such text and considering
such relationship,the meaning of such text is plain and
unambiguous and does not yield absurd and unworkable
results,extratextual evidence of the meaning of the statute
shall not be considered The test to determine ambiguity is
whether the statute,when read in context,is susceptible to
more than one reasonable interpretation.
(Intemal quotation marks and citations omitted.)EFelician
Sisters ofSt.Francis of ConneCIicut,Inc.v.Historic District
Comm.afErIfIeId,284 Conn.838,847 (2008).
To determine the intent ofthe legislature in enacting§1452(a)
the court must decide what it means to “engage in the business
of”selling or offering for sale a motor vehicle,
*7 “To engage in”is not a technical term or a term of
arti Pursuant to General Statutes §1-1(a),such “words
and phrases shall be construed according to the commonly
approved usage of the language.”A common dictionary
reference defines “to engage in”as “to begin and carry
on an enterprise or activity.”Merriam-Webster's Collegiate
Dictionary (lOth Ed,1993).Black's Law Dictionary defines
the phrase similarly as “to employ or involve oneself;to take
part in;to embark on.”Black's Law Dictionary,(10th Edi
2014).
Black's Law Dictionary also provides a definition of“business”:“a commercial enterprise carried on for profit;a
particular occupation or employment habitually engaged in
for livelihood or gain,”1d.The word has been defined in both
statute and case law in Connecticut The former are unhelpful
because the contexts of the definitions are limited and sui
gencris.15 The cases have given "(t)he word ‘business’
widely variant meanings.”Knights ofColumbus Council No.
3884 v.Mulcahy,154 Conni 583,590 (1967).
WESTLAW a 20:22 Thomson Reuters Na claim to o w;
Common to those decisions,however,is a distinction
between activity that is performed for the primary purpose of
generating profit,to which the word “business”is attached,
and activity that is not animated by such a purpose.For
example,in FEasterbraak v.Hebrew Ladies’Orphan
Society,85 Conn.289 (1912),the Supreme Court held that
use ofa parcel ofland for an orphan asylum and home for the
aged did not violate a restrictive covenant forbidding use of
the land for twenty-six specified different kinds of activities
“regularly conducted for livelihood or profit";pld,298;
and “any other trade or business ...”PM,294,“The word‘business’is one which is used with widely variant meanings.
It is used broadly to signify that which busies or engages
time,attention,or labor as a principal serious concem or
interest It is often used in a much narrower sense to denote
that which occupies the time,attention,and labor of men for
the purpose of livelihood or profit The word ‘business’
in its ordinary and common use among men,is employed
to designate human efforts which have for their end living
or reward.”(Intemal quotation marks and citations omitted.)
Fnld,295,299.See also PFisher v.Board of Zoning
Appeals,143 Conn,358 (1956).
The court also has the benefit of an opinion of the attorney
general,interpreting the term “business”in §14-52(a),“Although an opinion ofthe attorney general is not binding on
a court,it is entitled to careful consideration and is generally
regarded as highly persuasive,”Conn.Hospital Ass’n,Inc.
v.Comm.on Hospitals &Health Care,200 Conn.133,143
(1 986).The attomey general opined that the question whether
a person or firm is engaged in the “business ofbuying,selling,
offering for sale or brokering"of motor vehicles “must be
made on the facts ofeach case Opinions,Conn.Atty.Gen.
No.84—90 (July 23,1984).See Tesla Supplemental Brief,
Exhibit 2 (docket entry it 122,Sept.21,2018).
The facts giving rise to the opinion were that a car dealer
that also leased cars to customers would assign the leases
and titles to the leased cars to a third party,who would pay
the dealer the sales price of the leased cars and collect the
lease payments from the lessees.When the leases expired,the
lessee could either buy the car from the assignee,in which
case the assignee would pocket the proceeds,or return the car
to the assignee,in which case the assignee would sell the car
to a dealer,and pocket the proceeds.The question was,did
the assignee need a new car dealer's license to engage in these
transactions.
el U S (Box/eminent V‘Jorlas L)t
Tesia,Inc.v.Connecticut Department of Motor Vehicles,Not Reparted in Atl.Rptr.(2018)
2018 WL 7046636
*8 Thc answer,according to the attorney general,Iay in the
intent ofthe assignee.If he purchased the leases near the end
of their term in order to sell the vehicles,“such assignee‘s
conduct would reflect “an intent to engage in the selling of
motor vehicles and would require the license mandated by
Section 14-52.“1d,3.On the other hand,if the assignee
intended to make his money off the leases directly,and sale
ofthe leased vehicles was “merely incidental to such business
purpose,the assignee might not be a ‘dealer,’"Id.
It is clear to the court from the undisputed facts found
by the hearing officer that Tesla‘s intent in establishing
and operating the Gallery at Greenwich was to sell Tesla
motor vehicles.And,the activities there served that purpose
well.Examples of Teslas were on display for inspection by
potential customers.Test drives of Tesla models identical to
those on display were available,from the customers‘homes
or locations other than the Gallery.Customers could design
their desired vehicles on a computer terminal at the Gallery,
save them to a “My Tesla”account on the teslacom website,
ready for access by the customer on her personal computer
and were assisted by Gallery employees in doing so.The
job descriptions of Gallery employees were the same as
their counterparts at authorized Tesla sales locations in other
states and demonstrated by their wording Tesla's intent to
accomplish sales through their efforts.16
For the first few months the Gallery was open its employees
were compensated by way of commissions and bonuses
for meeting or exceeding specific quotas of Tesla sales
attributable to their activities at the Gallery.During that
period,the Galleiy manager testified,approximately fifty
such sales occurred.While Tesla discontinued payment of
bonuses and commissions after the association filed its
request for a declaratory ruling,Tesla's briefing makes it
clear that it considers such payments “appropriate”;Brief of
Petitioner Tesla,Inc.,p.5 11,4 (docket entry #112,Jan.16,
2018);and could resume them at any time,The court,on
the other hand,considers the tying of Gallery employees’
compensation to Tesla sales some of the strongest evidence
that the goal ofestablishing the Gallery was to “engage in the
business of selling and offering for sale“Tesla vehicles,for
which a license under§14-52(a)is required.
lf Tesla was not engaged in the business of selling motor
vehicles at the Gallery,it's difficult to see what it was
engaged in at that location.The record evidence is that Gallery
employees educated visitors to the Gallery with the goal
of selling them Teslas.So.the argument that the Gallery
WESTLAW l’i3li‘xSOlii’'e is Ho dawn to cz’igii
was simply a locus for public education about the virtues
of electric vehicles borders on the fanciful.Thinking of the
Gallery as a “museum,”as the Gallery guidelines suggest,
crosses that border.
Tesla's exclusive focus on completed sales and legally binding
offers to sell as the sole indicia whether it was engaging in the
business ofselling motor vehicles or offering them for sale at
the Gallery has the effect of reading the term “business”out
ofthe statute,in violation ofthe settled principle of statutory
construction that a “statute must be considered as a whole,
with a view toward reconciling its separate parts in order
to render a reasonable overall interpretation.”pAmerican
Universal Ins.C0.v.DeIGreco.205 Conn.178,193 (1987),
*9 Finally,§14—52(a)does not exist in a vacuum.FGeneral
Statutes §14-52b(b)prohibits a “person,firm or corporation
licensed as a manufacturer,”like Tesla,from holding a new
car dealer's license.Having adopted a business model that
provides for sales only over the intemet or at dealers licensed
in other states,Tesla invokes Connecticut‘s and the code‘s
narrow definition of a “sale”in an effort to avoid that
prohibition and carry on at its Gallery all of the activities
associated with the selling of motor vehicles and with the
evident pumose of accomplishing such sales while evading
regulatory oversight by the department,which oversight
exists to protect the public from unfair practices by car
dealers.
Allowing Tesla to accomplish this end would violate the
presumption in statutory interpretation that the legislature
has created a consistent body of law.Ames v.Comm.of
Motor Vehicles,70 Conn.App.790,796 (2002),“This tenet
of statutory construction requires this court to read statutes
together when they relate to the same subject matter
Accordingly,in deteimining the meaning of a statute
we look not only at the provision at issue,but also to
the broader statutory scheme to ensure the coherency of
our construction.”(internal quotation marks and citations
omitted.)FjFelician Sisters of St,Francis of Connecticut,
Inc.v.Historic District Comm,supra,284 Conn.at $50.The
legislature's enactment ofFa§14-52b(b),prohibiting Tesla,
or any other car manufacturer,from holding a dealer's license,
further suppons a construction of§14-52(a)that prevents
Tesla from sidestepping the bar on vehicle sales by vehicle
manufacturers.
Tesla,Inc.v.Connecticut Department of Motor Vehicles,Not Reported in Atl.Rptr.(2018)
2018 WL 7046636
IV
Tesla objects to a construction of §14<52(a)that depans
from its completed sales/legally binding offers to sell rubric
because such a construction violates (1)its right to engage
in constitutionally protected commercial speech;mCentral
Hudson Gay &Electric Corp.v.Public Service Comm of
New York 447 U.Si 557,561 (1980)(Central Hudson );and
(2)the principle that a criminal statutel must be construed
narrowly and precisely to ensure that persons can know what
constitutes a violation,See,e.g.,FjStale v.Indrisano,228
Conn‘795,802 (I994)
7
A
“W [I]t is the plaintiffs burden,so far as any constitutional
issue is concerned,to establish that the effect or impact ofthe
challenged statute on it adversely affects a constitutionally
protected right which it has under the facts of its
particular case,”Knights of Columbus Council No.3884 v.
Mulcahy,supra,154 Conn.at 586.
Tesla's constitutional argument proceeds from the premise
that its activities at the Gallery amount to no more than“[p]roviding promotional and educational information about
Tesla vehicles and telling consumers where they can lawfully
buy them ...”Brief of Petitioner Tesla,Incl,p.30 (docket
entry #112,Jant 16,2018).As is evident from the court's
earlier discussion of the activities of Tesla employees at
the Gallery,18 the coun rejects that premise.Tesla travels
far beyond the boundaries of constitutionally protected
commercial speech when its employees arrange for test drives
ofthe same type ofvehicles as are on display at the Gallery,
assist Gallery visitors in configuring the vehicle they wish
to buy on a computer terminal in the Gallery and saving
it to the Tesla website as “My Tesla,”available for later
purchase,and/or searching the Tesla inventory of vehicles
already manufactured and available for purchase,and when
those employees have been charged with and rewarded for“building a robust pipeline ofleads and converting them into
Model S owners through charismatic presentation of product
and superb follow through.”lg
*10 Because Tesla engages in the business of selling
motor vehicles and offering them for sale at the Gallery
WESTLAW 3r Reuteis No claim to o n
without the required license to do so,its activities there
are illegal.1n a similar factual situation a federal appellate
court held that commercial speech that would otherwise be
protected by the First Amendment,advertising the sale of
vehicles on a car manufacturer's website,did not enjoy the
Amendment‘s protection because it was “part ofan integrated
course of conduct which violates Texas law retailing motor
vehicles without a license.“FordMotor Co.v.Texas Dept of
Transportation,264 F.2d 493,507 (5th Cir.200 1 )(Ford).The
illegality in that case was the sale of motor vehicles in Texas
by Ford,a manufacturer,when a Texas statute prohibited
manufacturers from selling cars in the state,
Following the logic of the Ford case,the department's
prohibition of even those activities at the Gallery that might
qualify as commercial speech;ergr,educating customers
about the virtues of all-electric cars,is justified because
they are “incidental to [Fj§14-52b(b)'s]prohibition of
[Tesla‘s]right to engage in the economic activity of
retailing automobiles,”Id,506.“Any First Amendment
interest which might be served by advertising an ordinary
commercial proposal and which might arguably outweigh the
governmental interest supporting the regulation is altogether
absent when the commercial activity itself is illegal and the
restriction on advertising is incidental to a valid limitation
on economic activity,”FjPittsburgh Press Co.v.Pittsburgh
Comm.on Human Relations,413 US.376,389 (1973),
Finally,an examination ofthe cases principally relied on by
Tesla,such as Central Hudson and Grievance Comm.for
Hartford-New Britain Judicial District v.Tranlolo,192 Conn.
15 (1984),demonstrate that they involved complete bans on
advertising,the commercial speech there involved.Barring
Tesla from carrying on the business of selling and offering
to sell motor vehicles via the Gallery has no effect on its
ability to promote the purchase of its vehicles to Connecticut
consumers through all of the other channels of advertising
available to it.
Because Tesla's actions at its Gallery do not qualify as
commercial speech,they are not entitled to constitutional
protection.
B
Tesla argues that a construction of§14-52(a)that includes
actions other than completed sales and legally binding offers
US Governt n
Tesla,Inc.v.Connecticut Department of Motor Vehicles,Not Reported in Atl.Rptr.(2018)
2018 WL 7046636
to sell results in a penal statute “forbidding or requiring selling and offering for sale motor vehicles at its Gallery in
conduct in tenns so vague that men of common intelligence Greenwich,does not infringe on its First Amendment rights
must necessarily guess at its meaning and differ as to its or produce an unconstitutionally broad and imprecise penal
statute.
application,”thus violating due process of lawr FnState v.
Indrisarm,Supra,223 Connr at 802,
VNoonewonderingwhetheracontemplatedcourseofaction
requires a license under §14-52(a)need “guess at”the
meaning of the statute.She may petition the department for
a declaratory ruling “as to the applicability to specified
For the reasons stated in this memorandum the department‘s
decision that Tesla's activities at the Gallery are activities for
n
General Statutes §4-176(a).Or,through the auspices ofthe
continued in effect,pending the tiling of an appeal or
general whether her planned actions require her to be licensed
under the statute,just as did the assignee ofautomobile leases
in the situation giving rise to Opinion 84-90 cited earlier in
this memorandum.20 All Citations
The court's interpretation of§14-52(a),that Tesla requires Not Reported in Atl.Rptr.,2018 WL 7046636
a new car dealer's license to engage in the business of
which a new car dealer‘s license is required is AFFIRMED,circumstances of a provision of the general statutes
*11 The department's stay of enforcement action iscommissioner,she may petition for an opinion ofthe attorney
expiration ofthe appeal period,
Footnotes
“Record“refers to the amended administrative record,docket entry #107.
“A person who has exhausted all administrative remedies available within the agency and who is aggrieved
by a nnai decision may appeai to the Superior.Court as provided in this section.“
There are three defendants,the department,Michaei Bzdyra,the commissioner of the department
(commissioner)and the association.
Since the arguments put forward by all three defendants are identical in substance,in referring to those
arguments the court will refer to them collectiveiy as “the defendants.”
Other paragraphs recite the procedural history within the department,quote from statutes the hearing officer
thought relevant,state inferences the hearing officer drew and legal conclusions he arrived at based on the
evidence in the record.
Tesla is licensed to operate sales facilities in some states,such as New York.
Tesla has a licensed service center in Milford,Connecticut,which serves as a pickup location for vehicles
purchased on the Tesla website.
The association offered and later withdrew the testimony of one Robert Gross,and the court has not
considered that testimony or the exhibits introduced in support of it,also later withdrawnr
,U $Grwer 'r/‘tbiks‘1 m :.tWESTLAW1‘2m?’I'irontstw;Radars No clai lto o r
Tesla,Inc.v.Connecticut Department of Motor Vehicles,Not Reported in Atl.Rptr.(201 8)
2018 WL 7046636
WESTLAW
End of Document '17?2027 Thomson Reuters No claim to original U S.Government Works
9 Because of restrictions imposed on the location by the Greenwich planning and zoning commission,test
drives could not be done out ofihe Gallery location.They had to be done from the customer‘s home or some
other location.
10 This is presumablywhat the hearing omoer meant when he found that “(t)he contract of saie and purchase is
consummated in Connecticut upon the execution and acceptance of the agreement by the buyer.“(Emphasis
added.)Record,p,847.
11 This version ofthe agreementwas in effectwhiie the Gaiiery was in operation from October 2016 tojust after
the hearing.it was suppianted by a revised version;Record,pp.827-30;that distinguished between deiivery
in a state where Tesia is licensed to sell vehicles and deiivery in a state,like Connecticut,where Tesla is
not licensed to sell vehicles.In the former states the language authorizing resale by Tesla upon the buyer's
failure to pick up the vehicle remains;in the latter states,the same language is absent,ld.,828.
12 Because the court concludes that no sales of vehicles occurred at the Gallery;see p.7,above;the question
whether the sale occurred in California or Connecticut is immaterial.
13 The statute has since been repealed.
14 See Part III,below.
15 See General Statutes §12-407(a)(10)regarding sales and use taxes;General Statutes §52-1 80(d)regarding
admissibility of business entries and photographic copies.
16 The job description for an owner advisor at the Gallery called for "someone who will be responsible for building
a robust pipeline of leads and converting them into Model S owners through charismatic presentation of
product and superb follow through."(Emphasis added.)Record,pp.477-78.
17 Subsection (d)of §14-52 provides that “(a)ny person,mm or corporation engaging in the business of
the selling [or]offering for sale of any motor vehicle without a license shall be guilty of a class B
misdemeanor,"
18 See pp.21-23,above.
19 Record,ppi 477-78,job description of “owner advisor"at Gallery.
20 See pp.20-21,above.
Cho �`Y s PLANNING DEPARTMENT
0600
3 G
OSOR C 4
2F
August 1, 2022
CERTIFIED MAIL 7019 2280 0001 5119 0860
Jon Hauser
Drake Real Estate
496 S. Broadway
Denver, CO 80209
Dear Mr. Hauser,
Re: Appl. 22-24P, Drake Motor Partners, LLC Buckland Road Gateway Zone Text
Amendment
We regret to advise you that on July 26, 2022,the Planning and Zoning Commission voted
to deny the above referenced application for a Zoning Text Amendment in the Buckland
Road Gateway Development Zone.
Sincerely,
`iJ� �GiCG
Bart Pacekonis, Chairman
PLANNING & ZONING COMMISSION
BP/cgo
1540 Sullivan Avenue, South Windsor, CT 06074 1 Tel (860) 644-2511 Ext 329 1 Planning@SouthWindsor-CT.gov