Tamworth racetrack loophole closed

Foster’s Online
Thursday, April 7, 2005

By Colin Manning

N.H. Statehouse Writer

CONCORD — Lawmakers approved a measure Wednesday repealing a law passed last year that critics said created a loophole to allow a racetrack to be built in Tamworth.

In a surprising coup, supporters of House Bill 90 were able to overturn the House Municipal and County Government Committee’s recommendation to kill the bill by a vote of 191-160.

“This bill is not about the race track, nor is it anti-business,” said Rep. Harry Merrow, R-Ossipee. “It’s about local control. This would give back the local control this Legislature took away last year.”

The bill, which now moves on to the Senate, gives selectmen in a town without zoning permission to regulate a “private driving instruction and exhibition” track.

Last year, lawmakers passed a law exempting such tracks from oversight. Many critics argued this was done to appease Club Motorsports Inc., the Derry-based developer proposing to build an 18-turn, European-style road course for drivers and motorcyclists to develop and practice their driving skills in Tamworth.

The $28 million facility would be built on a 242-acre site on the north face of Mt. Whittier near the junction of routes 25 and 16.

Opponents argued HB 90 was just an attempt by a citizens’ group looking to stop construction of the track to get the Legislature to intervene after failing at the local level.

“This is what can happen when a very focused group with a lot of money decided they know what is better for you than your town and your elected officials,” said Rep. Jack Dowd, R-Derry.

Rep. Peter Schmidt, D-Dover, was one of five committee members to vote for the bill.

“We’re always told the people of Tamworth want the track. Every time we look for that silent majority that supports the track, we can’t find them,” Schmidt said. “I don’t have a dog in this fight. But after looking at this matter very carefully, I am convinced the Legislature made a mistake last year. We should strip away the exemption this developer got.”

The New Hampshire Municipal Association lobbied hard for the passage of HB 90. Judy Silva of the association said the issue goes far beyond Tamworth.

“This is absolutely a local control issue. This just doesn’t affect Tamworth but every municipality that doesn’t have zoning,” Silva said. “The dangerous part of the law passed last year is it set a dangerous precedent with the Legislature getting involved.”

The fight now heads to the Senate.

N.H. Statehouse Writer Colin Manning can be reached at 226-3633 or statehouse@fosters.com