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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 #: # ' i r h�c� c 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 ao0 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”. +l ITY• , F;ee � � y Im Y I� I Y , + t ; �R 5 rrr X` a . ; u p' fi t r � f Jr n ` Ft 16 IL 1 l a � f dd if14 4 11 AlPI - fe "t a " l �/f . Mai , ; YY 1 � 10 1 ll ,ems 041 y it ti. 66 0TT T Menu Search News Sperts AE Weaiher 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 X Subscribe 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: axinrfgarvrrvr /NV Wit/”E Subscribe now Subscribe 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 Thrs \rrrrzsne siMammy.arianie nasanmi sin;ranchgnaiii,‘as wnii as riarkaiirn narson-canari ar u ariahiics.Fry raina my?nn ihrs wahsiie u indicaiu mur https://www.greeleyiribune.c0m/2021IO3/06/1esla—plans-service-faci|iiy-in»|ove|andl 1 13 u t Kmtmkw %§“§t “mgaa dgaEQmMp warning m mg Eagt Emd {hitmzi/wwwxrr’mgpgnmmi’heamwwmm i) 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 Hom/NM,Lou!New:z mhmuw may“”mm!aw Tesla to open new dealership in Pleasant Grove Maw».Mmm E f v Amuummwmm.mmmmmmwmmnm uvzunvmuw Mm mmtmmon has hegun on a Tesla dummy in vlemm Grove um is expmcd m 1m [ampmed by me and ome ym. mm Mum Farmers LLc,an may w mam Red Esme Sex-vines,a uenverbascd cnmpmy,is.ovevseeing me dnvclapmum or me dealership.Drake Mam rmms acquired me sue [mm s‘.Juhn ympemm,1m .me nwngr,and dmlupar of Vangy Grove hups'//www.hera[dextra.corn/news/ZOZZ/mar/3OH25|3—100pen-new—dea|erShip—in-p|easznt—grove/1/3 7/25/22,3 09 PM Tesla lo open new dealership in Pleasanl Grove i News,Spons‘Jobs -Da‘Iy Hevald “Teslx mg h‘ghway is ewemely wsxbimy. sclmivc qualny when consumcr chaosm degma nah ' dealerslup plum and uven’ll sues so profwmna! we wusider envimnmcm ourselves {onunam mm is essamial m be able m [a ma offer company."Danicl mamas.Regiunul I’anner at sx John Pmpenies sud in n pms mlcasc. The dnalershi;m'n be a singlmmry funky um mu veamm Tcsla's mm!minamms‘,open «mew design,nbhon- glass “imam,a service and maimenms am,assign smdiq cusmmcr launge,adminmmive and sales gems. Avallahle lnvemory will be dlsplaycd in mu sumumung puking lul alangslds Tesla charging muons, ‘mla is a di incuve brand emphasuing nigh pn-{unnancnl anginallly and aulhenuclxy,aspects which clasely align 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." Once coinplzzad,ihn Pleasam aim deslciship will became ihe suand Tesla dealership in mah,inining in:inaugural 23m sum 5r dealership in Snli Like Ciis ihni opened in 2m5 when compared m nn Ngvndn. This mld largcly he due id ins company‘s iurnulruous legal hismry wuh i'ns siaie ni man.Siam lsw previdusly prsvsnisd car manuinnurers iron:awning dsnlsrships,Effectively stopping Tesla Mmuis iruin owning dealerships 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 The aauoorsqaarerisur dealrrslnp win he lecnied near lnrerslare r5 end North cdunry adulevarrl,an a 4-nere parcel wrrlnn rhe Vallevcraie mixed-use ha iness rurnrnuniry h in'll sir slongrrde e g rcrailers like ATirT,ha Cloud anha sheppe.Jersey limes Subs,Knlaehc Krave,scarhuelee Corfee‘venaen,and villzge aalrer NEWSLE‘I'rER Jain lhpusands already receiving our darlvnewslerrere Emil.mums nn'ng sums lika cdldradu and Arizona,which horh curranuy have six Tulsa dealsiships,and h surrunily has ihree,viuh has been slaw w Jump emu ilie Tesla handwngdn. hlips l/ww/v.hera|dexlra.com/rlewslZ022lmar130/Ies|a-!o-npen-new—dealership-ln-plEESanl—grove/ s is h c x’n 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 MEMPHIsEvEms Mnao nusmzss nHNmN spams ARrsmununz mun suaunas Nzmuaunnaous PuucAsvs oanumzs MiwsLErrERs nmzsmi mmmmssnwcgs umnmsz vaANsponmmN/mmsncs Mavmmnsmxsns row Msmsnz 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. E§§QrQ-§ma§hinq g 2 rgf ggg§ggmang fQr irig girig §Q§§e 'n M‘mphl§§r§§ htlps :I/dailymemphlan.com/sectionlsuburbsbanleil/arlicle/1 91 93/tesla-dealership-siore-wolfchase—barilelt 1/2 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. rams iEsLA wmycnaseoAttEma taco citirrzesemlts Wit tum may rstueo in Jammy as n eusmess reporter at the unity M-momn.mo rim 4o yams in numnlism.A rupelo,Mississinpr,min.h-wmuuad tmm Missswopi sate unwersny,He nus lived in Motown inr as yam. https:I/dailymemphiancom/section/suburbsbanlell/articlell91 93/tesla—dealership-store-wo|fchase-bai1|eit 2/2 Memo opmiuu roan Ponnasrs city alMamunls otisSanieid Renews Sound elm sheihyCannIy nnn cansway Newsam Features an me Ream Stale cavemen.suesi columnisxs Jennie:aiggs eemno rne ueauiines Education chi-s Nunngmn seems tnesideaai cnminal Jusnee ieneism xne rams,sum sass Grizzlies Padssst Elecrons table talk rays eonessi sointni Memnn‘s sin oasis me Earlywm spanrs on ire neeem Mempnis smiles oairuaairs aeninn ine Heaaiines ceoii calms suaunas men senooisuans Aviingrer uswsierrsns woc.men st.me aanlru Business so:F:celiiwile Email Editions ml Estate snzziias Poacasi nsrmnnmw Sign up tor our morning and exeningedlzlons.plus breaking news. Financiaisernees irawspmmnn/ingsnes iiemnrns tigers saskcteaii Mmnnis rigme roornnii tigers Peasast vnitnnwn tninianu ongom can-av i Mounts are shakers sign up ram Vegan Ants a cuituizs nricnaannoons iisnsnggur snail Snesevimns visual Arts unwewn Pertaining Ans Motown Music ween Mennn s tnu to—ou List .-immune tne siosaai snuiti vemaitis inuninnts stun-s Asnuttunn 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