Racetrack controls would apply to CMI if legislation is repealed, Focus: Tamworth lawyer says

PRESS RELEASE

FOR MORE INFORMATION:
Focus: Tamworth spokesperson:
Charles Greenhalgh
603 356-5439 x516
Cell: 603 321-6615
Home: 603 323-3908

If unavailable:
Kate Vachon, press coordinator
603 323 8224
focus@focustamworth.org

(TAMWORTH, NH, October 4)

If legislation recently introduced in Concord succeeds in a total repeal of RSA 287-G, formerly SB 458, the controls of the Tamworth Racetrack Ordinance (RTO) would apply to the proposed Club Motorsports private race track development. That’s the opinion of Focus: Tamworth and its lawyer, Sherry Young of Rath, Young and Pignatelli in Concord.

An article in the Conway Daily Sun published on October 2^nd suggests that would not be the case. But Focus: Tamworth and Young are convinced that since the RTO was signed by the Selectboard and became law on October 1, 2003, well before the passage of SB 458 and many months before the legislation went into effect in early May 2004, the 22 controls of the ordinance would certainly apply, even if CMI manages to break ground before the repeal is passed. “This ordinance was on the books before CMI enacted special legislation to get exempted and before they had received any of their permits and approvals,” Young explained. “They knew the provisions of the RTO would apply to their proposed project without that legislation. In fact, they helped draft the legislation and said publicly that they could live with the result.”

Young also explained that since the RTO is not a zoning ordinance but an ordinance that concerns matters of “health and safety,” the “grandfathering” rules that pertain to zoning changes would not be relevant.

Additionally, “The Sun’s headline -- ‘Would repeal of SB 458 stop the racetrack?’ -- is misleading,” says Focus: Tamworth spokesperson Charles Greenhalgh. “Focus: Tamworth does not want to ‘stop’ the racetrack, only to subject it to the controls that are needed to protect Tamworth from damaging noise, water pollution and other effects. That’s why we created the RTO, and why we support Harry Merrow and David Babson in their repeal effort.”

In response to a mailing that Focus: Tamworth sent in September to all 234 New Hampshire towns, officials of several towns, including Conway, have taken votes and written or committed to write letters supporting the repeal legislation.

Greenhalgh pointed out that the legislation is a concern to all towns, not just those without zoning ordinances as reported elsewhere. “This legislation removes a specific town power that is important to protect the health and welfare of residents,” he stated.

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-