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FOR
MORE INFORMATION:
Focus:
Tamworth spokesperson:
Charles
Greenhalgh
603
356-5439 x 516
Home:
603 323-2908
If
unavailable:
Kate
Vachon, press coordinator
603
323 8224
Cell:
603 520 4084
focus@focustamworth.org
Racetrack
permitting delay prompts withdrawal of restraining order request
Army
Corps of Engineers orders analysis of conflicting sound studies
(TAMWORTH,
NH, February 7) The citizens' group that is taking Club Motorsports Inc
(CMI) to court over its failure to apply for permits under several
Tamworth ordinances will move the suit forward without a request for a
preliminary restraining order against the developer.
The
citizens' group withdrew the restraining order request after lawyers for
CMI made it clear in a court appearance January 27 that there will be a
delay of "a number of months" before the Army Corps of
Engineers rules on CMI's pending permit application. The delay will
allow a sound engineer hired by the Army Corps to analyze conflicting
sound studies done for the Town of Tamworth and the developer.
Tamworth's
sound study was commissioned and paid for by the Tamworth Foundation to
provide data for the committee that developed Tamworth's Race Track
Ordinance in the summer of 2003. That study indicated that noise from
CMI's proposed racetrack will reach 80 to 99 dBA at the property line
without significant design changes to incorporate sound mitigation
barriers. A later study, commissioned and paid for by CMI, indicates
that no mitigation will be needed, according to CMI reports. A
Cambridge, MA noise expert will perform the new analysis.
"We
are very pleased that the Army Corps is taking the noise issue
seriously," said Focus: Tamworth spokesperson Charles Greenhalgh.
"It's clear that the Corps recognizes that noise from the racetrack
could have serious effects on the public."
The
balance of the underlying lawsuit, which seeks to require CMI to apply
for and obtain permits under Tamworth's Wetlands Ordinance, Subdivision
Ordinance and Hazardous Waste Ordinance before starting construction on
the project, will move forward, Greenhalgh said.
The
restraining order request was withdrawn "without prejudice."
That means the group of citizens can resubmit it at any time. "If
the developer receives its federal permits and appears ready to start
construction before the local permit issues are resolved, we will seek a
restraining order," Greenhalgh said, "but because of the
anticipated delays, that's not an immediate concern. In fact, if the
developer would submit its applications for these local permits, we
could withdraw our lawsuit completely."
Focus:
Tamworth is a coalition of local residents who support careful and fair
regulations that protect Tamworth's economic and natural resources. More
information on Focus: Tamworth is available at www.focustamworth.org.
-end-
Note
to reporters: The Army Corps' Mike Hicks can be reached at (978)
318-8157.
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