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Citizens’ group says proposed racetrack does not meet requirements for a Special Use Permit to build in wetlands

( TAMWORTH , NH , October 9, 2006) 
The most recent request by Club Motorsports Inc for a Special Use Permit under the Tamworth Wetlands Ordinance should be denied, says citizens group Focus: Tamworth . “The application submitted to the Planning Board on August 2 describes a project that doesn’t fit any of the criteria laid out in the Tamworth Wetlands Ordinance,” said Charles Greenhalgh, spokesperson for the group.

“Wetlands are a critical part of a healthy ecosystem and a clean water supply,” Greenhalgh explained. “The Tamworth Wetlands Ordinance aims to prohibit building or other activities that could damage wetlands. The ordinance makes exceptions for a few categories of activities that are necessary for public good or essential private use by allowing the Planning Board to grant a Special Use Permit.

“There are twenty different areas where Club Motorsports Inc’s proposed racetrack will damage the wetlands on its property. And much of the proposed construction does not respect the 25-foot buffer zone requirement of the ordinance. It’s clear that the racetrack proposal does not fit into any of the permitted categories, and doesn’t conform to the intent of the ordinance,” Greenhalgh said.

The Tamworth Wetlands Ordinance, which has been in effect since 1980 and was updated in 1991, is very specific about its purpose: To preserve naturally occurring wetlands and natural areas undisturbed, permitting only low-intensity uses. It contains seven statements of intent that any project that affects wetlands must conform to:

1. Prevent the development of structures and land uses on naturally occurring wetlands which will contribute to pollution of surface and ground water by sewage, sediment or noxious substances.

2. Prevent the destruction of, or significant changes to natural wetlands which provide flood protection.

3. Protect rare, unique, and unusual natural communities, both floral and faunal.

4. Protect wildlife habitats and maintain ecological balances.

5. Protect water supplies and existing aquifers (water-bearing stratum) and aquifer recharge areas.

6. Prevent expenditure of municipal funds for the purposes of providing and/or maintaining essential services and utilities which might be required as a result of misuse or abuse of wetlands.

7. Encourage those low-intensity uses that can be harmoniously, appropriately and safely located in the wetlands.

Certain uses, like roads that are needed for access to homes, recreational uses that don’t require any building of permanent structures, and the creation of artificial ponds for wildlife, runoff control, fire protection or recreation, are allowed. The ordinance also allows a Special Use Permit to be granted for other uses that meet the seven statements of intent above.

The Tamworth ordinance, unlike New Hampshire and Federal wetlands regulations, has no provision for “mitigation” (the process of compensating for destroyed wetlands by protecting endangered areas in another location).

In 2003, Tamworth residents learned that Club Motorsports Inc wanted to build a private racetrack on a 250-acre parcel of land on the north side of Mt Whittier. In the summer of 2004, CMI applied for a Special Use Permit under the Tamworth Wetlands Ordinance, but withdrew its application shortly before the scheduled Tamworth Planning Board hearing. At the time, CMI said that the application “exceeds our permitting needs.” Before the application was withdrawn, the Tamworth Conservation Commission had unanimously voted to recommend that the Planning Board deny the permit. The Conservation Commission acts as an advisor to the Planning Board on wetlands permit applications.

In December 2004, a group of Tamworth residents and taxpayers filed a suit with Rockingham County Superior Court asking that the court require CMI to apply for and obtain a Special Use Permit before beginning construction. St Andrews-in-the-Valley Episcopal Church, which is located directly across Route 25 from the proposed development, was also a party to the suit.

In December of 2005, the court ruled in favor of the citizen’s group, and said that CMI must apply for and obtain the permit before it could begin construction.

CMI submitted a new application on August 2. The application was accepted as complete by the Planning Board at its August 23^rd meeting, starting a several-month consideration process. At a Planning Board work session on September 13, CMI was asked to submit several clarifications and a set of revised plans, which were received on September 27.

The Tamworth Conservation Commission will provide input on the revised application to the Planning Board in early October.

The Planning Board has scheduled a public hearing on CMI’s Special Use Permit at 7 PM on Tuesday, October 17^th at the K.A. Brett School , 881 Tamworth Road .

About Focus: Tamworth: 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.

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