Carroll County Independent
February 08, 2007

Legal battles continue with CMI

Planning board asks for stay on application decision

by Terry Leavitt
Editor

Tamworth — While Club Motorsports, Inc. is pursuing two law suits challenging the town of Tamworth, the town's planning board is asking the court for a stay on a decision regarding the company's new application until those suits are resolved.

Club Motorsports is seeking to build a motorsports park on the side of Mt. Whittier in Tamworth. The company is challenging (in N.H. Supreme Court) the requirement of filing a wetlands application with the town, arguing that it has already met a more stick permitting process with the state and federal government. The company did file a permit application for the project with the town last fall, and the planning board rejected it, saying it did not meet the requirements of the town ordinance. That decision is also under appeal (in Carroll County Superior Court).

After the initial application was rejected and an appeal filed in Superior Court, Club Motorsports filed a second application with the town, this one requesting the right to build access ways and roads on the property.

The application did not say what the eventual purpose of developing the roads or the property would be. Representatives of the company at planning board hearings said they were exploring their options for developing the property, but gave no details.

The access ways were identical to ones outlined in the permit application for the motorsports park.

Planning board members voted Jan. 24 to direct town attorney Rick Sager to file a motion in Superior Court for a stay of the application until the N.H. Supreme Court rules on whether the town wetlands ordinance is valid, and the Superior Court rules on the planning board decision to reject the company's application for a permit last fall. The board is also asking selectmen for a 90 day extension to allow the court time to act on the motion.

Superior Court

Focus: Tamworth has filed a request to become a party to the case in which Club Motorsports is suing the town for denying a special use permit for its project to build its motorsports park.

The case challenges the Tamworth Planning Board's November decision that the company's proposal did not meet the requirements of the town's wetlands ordinance and so could not be approved.

Club Motorsports filed the lawsuit in December. Focus: Tamworth filed its request for intervener status Feb. 1. Under N.H. Superior Court rules, anyone who can demonstrate that a legal action is likely to affect them can petition the court to become an intervener.

Interveners, like plaintiffs and defendants, can file briefs and present oral arguments in court.

Focus: Tamworth spokesman Charles Greenhalgh the group's steering committee "feels that the planning board made a careful and correct decision when they denied CMI's special use permit application. Our objective is to be sure that local ordinances and local control can stand up to whatever pressure outside groups like CMI can apply. We want to make sure the town's ordinance and the Planning Board's decision are upheld."

Focus: Tamworth is a coalition of local residents whose mission is to support careful and fair regulations that protect Tamworth's economic and natural resources.

Focus: Tamworth is represented by Andrew Serell of Rath, Young and Pignatelli. The motion was filed on behalf of more than 50 people in Tamworth, including owners of eight of the 11 lots abutting the site of the project, and the Episcopal Archdiocese of New Hampshire, which owns St. Andrews in the Valley Church, located near the site.

Supreme Court

The Club Motorsports appeal of a superior court decision that the company is required to apply for a permit under the town's wetlands ordinance is scheduled to go before the N.H. Supreme Court next week.

Oral arguments are scheduled for Wednesday morning, Feb. 14.