7/11/2016 BOARD OF SELECTMEN Minutes

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a Board of Selectmen Minutes July 11, 2016 APPOINTMENTS & HEARINGS Public Hearing: Aonlication for Class I Dealer License, Tesla Motors MA, Inc.: (continued) In Mashpee, Telsa MA will operate a small showroom, approximately 1051 square feet with (1) vehicle on display. It was explained that Telsa vehicles are custom configured and ordered prior to production. The Mashpee store will have no inventory of vehicles for sale. The Mashpee location will be for display and sales only and will not conduct service or vehicle maintenance operations. Test drives may be conducted, whereby interested customers are escorted to Telsa vehicles in nearby parking spaces. Orders are taken on iPads and computer kiosks by Telsa staff members. It was noted that electric vehicles are a relatively new form of transportation. Correspondence was received from Town Counsel Patrick Costello dated July 11, 2016 with respect to this regard. It is Town Counsel's opinion the applicant has met the legal requirements for a Class I license subject to several points of clarification including a recommended ZBA condition. It is recommended the Board confirm that it is the applicant's intent to engage in the purchase and sale of second hand motor vehicles only as an incidental or secondary business activity at the licensed premises. Mr. Schneider reaffirmed there is no inventory on site. At the Mashpee location Telsa would serve as a facilitator for secondary sales. Town Counsel has suggested the Board confirm that the subject Telsa franchise has access to the repair facilities for its customer's service needs or demonstrate its access to sufficient repair facilities to service Mashpee customers. In response Mr. Schneider indicated that Dedham services all of Massachusetts with a large enough staff to support the Cape. When asked of the lease with Mashpee Commons which appears to have lapsed 60 days from the lease commencement date, the Board asked with the expiration of the approval contingency dates would this preclude the applicant from occupying/exercising control over the licensed premises. Mr. Schneider indicated Mashpee Commons is enthusiastic and there are no concerns in having Telsa at the site location. Mr. Schneider added that Telsa is committed to maintaining the store as a full-time location as long as the business supports it. And farther, Town Counsel has recommended the Board approved the conditions of the ZBA Special Permit to the Class 1 license. Condition: The issuance of this License is expressly subject to and contingent upon the terms and conditions of the Special Permit (SP 2016-33) issued and filed by the Mashpee Zoning Board of Appeals on June 29, 2016. Any judicial appeal of the grant of said Special Permit shall render this License null and void and of no legal effect. Being no comment, the Board motioned to close the Public Hearing.