The Fine Print – No Horse Racing in Hardwick, MA

THE TRUTH LIES IN THE FINE PRINT NO HORSE RACING

Overview of the Horse Racing Proposal

Commonwealth Racing LLC, also known as Commonwealth Equine and Agricultural Center (CEAC), wants to build a horse racing track on the property located at 228 Barre Rd (Great Meadowbrook Farm). Their plan is to bring live thoroughbred racing and wagering, along with simulcast racing and sports wagering to Hardwick.

The approval of this location will be decided at a binding special election on January 7, 2023 from 12-7pm held at Hardwick Elementary.

If the majority vote NO, the site will be denied for the race track proposal. If the majority vote YES, the proposal will then need to be re-

viewed and approved by the Planning Board, Board of Health, Gaming Commission, APR, and other committees before proceeding.

There are a great many differences between promises made by Commonwealth Racing LLC in their verbal and written communications versus the information in their application to the Gaming Commission and other supporting documentation. There is a significant amount of information not shared with the citizens of Hardwick.

This document is an attempt to bridge that gap and give voters the information they need to make an informed decision on January 7th.

An aerial view of Great Meadowbrook, 228 Barre Rd. Hardwick, MA from Above the Law Aerial Imagery

A Commercial Race Track and Wagering are Not Agricultural Activities Non-Agricultural Use Requires Special Permits

In 1985, the Goodfield family sold the agricultural interests of what is now Great Meadowbrook Farm to the Commonwealth of Massachusetts, known as Agricultural Preservation Restriction (APR). The land is protected under Article 97 of the State Constitution. The Goodfield restriction permanently limits use of the land to agriculture, defined in MGL 61A. Commonwealth Equine and Agricultural Center, aka Commonwealth Racing, is currently applying for a 2023 Racing Meeting License, believing they have broad latitude to include racing and wagering under the umbrella of ‘equine operations.’

However, racing activities are not a recognized agricultural use, requiring a special permit from Massachusetts Department of Agricultural Resources (MDAR), which at a minimum requires (among others things):

1. The APR Parcel is being actively utilized for full-time commercial Agriculture;

2. The activity [requiring the permit] is minor, ancillary and subordinate to the Agricultural use of the APR Parcel;

3. Such uses and activities are not inconsistent with the purpose of the APR and shall not defeat nor derogate from the purpose of this Restriction

While activities such as the breeding and raising of horses can be considered agricultural, the major part of their proposed equine operation (boarding, training, riding and racing horses) is not and may not be done on APR land without a Special Permit.

Permanent alteration to the land

According to MDAR, APR prohibits:

(a) construction or placing of buildings except for those used for agricultural purposes or for dwellings used for family living by the land owner, his immediate family or employees and; (b) excavation, dredging or removal of loam, peat, gravel, soil, rock or other mineral substance in such a manner as to adversely affect the land’s overall future agricultural potential

Any potential alterations to the land must go through MDAR’s Certificate of Approval process. The proposed construction of a turf race track fall under this area. MDAR’s rules further limit what can be built on APR land, including these minimum requirements:

1. Impervious Surfaces can not be greater than five acres or 5% of the Parcel, whichever is less

2. The activity will minimize, to the fullest extent possible, the loss of quality agricultural soils;

3. The activity will not interfere with or lead to the likelihood of future interference with agricultural operations, and will preserve, maximize, and realize the agricultural potential of the parcel, and in addition will enhance or lead to the likelihood of enhancing future agricultural operations. (MDAR slideshow, available on Town of Hardwick website) Commonwealth Racing claims that they are not building any permanent structures on this land and therefore do not need any additional permissions. However, the proposed racetrack is a significant and permanent structure because it requires grading or excavation of soil for a footing or foundation. The sloping site means, among other things, that massive amounts of soil must be moved from one end of the track to the other to create a level running surface for the horses to have a safe racetrack. Furthermore, their proposed use is not temporary. Race days are referred to as festival days, but this terminology does not make them temporary. Racing and gaming is clearly the business model, not farming or agricultural uses.

Although Commonwealth Racing is unable to submit for a Special Permit to MDAR until they own the property, which they are unwilling to do until they obtain approval from Hardwick in the coming vote, it is clear state regulations do not allow a racetrack on APR land. Their plans are not in compliance with MDARs own rules on Certificates of Approval and Special Permits.

• Horse racing and wagering are not agricultural activities

• A Special Permit would have to be granted by MDAR in order to hold thoroughbred racing and wagering on APR land

• Building out the turf race track will require a Certificate of Approval from MDAR

• If either of these waivers are granted, it sets a dangerous precedent to the entire APR system and breaks promises made to landholders when they entered their land into protection.

Agricultural Lands Programs Supervisor, APR Program, Conservation & Technical Assistance

David.Viale@mass.gov 617-626-1202

* As of mid-December 2022, Richard Fields’ name has been removed from the list of Board members on the Farm Aid website. His affiliation has also been removed from his bio on Commonwealth Racing’s website

A Half-million Dollars: How Far Does it Go?

Road Wear & Tear and Maintenance

The horse racing track will bring significant wear and tear on Hardwick’s roads. In addition to the heavy equipment and trailers moving on and off Upper Church Street and through our town, there is the addition of many thousands of cars moving through the town on a regular basis on festival days, and an unknown number of vehicles for the simulcast racing days.

This will exponentially increase the current use of our roads and require them to be repaired and repaved more frequently.

According to the National Highway and Traffic Safety Administration, in 2014, it cost a million dollars a mile to repair a rural road. These prices have to be significantly higher in 2022.

www.strongtowns.org/journal/2020/1/27/how-muchdoes-a-mile-of-road-actually-cost

This is another instance in which the money Commonwealth Racing LLC is promising the town will fall far short of what it will take to keep the town functioning because of the track’s negative impact.

The main draw to the horse track: the $500,000 being promised to Hardwick annually. But what is this money and how far can it go? Commonwealth Racing has allotted the following amounts for the town:

• $240,000 for an Annual Community Impact Fee (the additional expenses incurred and impact estimated to be incurred by Hardwick)

• $25,000 for initial Community Benefit

• $60,000 in estimated meal tax revenues

• $10,000 for a non-profit contribution

• $200,000 for a payment in lieu of taxes (PILOT)

Right off the bat, half of the money is intended to account for the impact the racetrack will have on the town, on its infrastructure, law enforcement, fire services, and other sectors. In consideration of this, $500,000 will not be available for improvements to the town budget. However, for simplicity we can look at what $500,000 could buy the town. An example, ambulance service to Hardwick, which many in the community rightfully list as a need of Hardwick.

It has been a number of years since Hardwick has had its own Rescue Squad. Because of State mandates, it is no longer feasible to maintain a volunteer ambulance squad. In its absence, the town has made agreements with surrounding communities to provide this emergency service for its residents. The cost of purchasing a suitable ambulance, outfitting it with medical equipment, licenses, permits, paying for EMTs and other staffing, following rigorous state oversight, maintenance costs, contamination protocols, insurances, garaging, and utility bills are enormous and the Commonwealth Racing promised annual funds will not come close to covering these expenses.

The former Hardwick Rescue Squad closed its doors and sold its garage on Route 32 to the Hardwick Farmers Co-op because the 24/7 staffing payroll, upgraded ambulance needs, and increasing medical supplies costs were simply too great to run as a private not-for-profit and the town was unable to support the added expense of adding a new department to the annual budget.

ANNUAL COSTS FOR A TOWN RUN AMBULANCE SERVICE

Ambulance $350,000 (New *)

Payroll $297,000 ($816 per day)

Staffing 2 onsite EMT’S plus 2-4 other staff

Med. Supplies $150,000

Insurances $20,000 (benefits, auto, liability)

Equipment $75,000 (GPS, phone, internet, safety, tools, gasoline, maintenace)

Rent $50,000 (garage, utilities, employee barracks)

Misc. $75,000 (office supplies, signage, furniture, computers, telephones, website, marketing, legal expenses for permits, software, television, etc.)

* Certainly, purchasing a used ambulance would decrease the initial outlay; however, over time the cost of repair and refurbishing a used vehicle would likely cost more in the long run.

While a single year of the entire promised Commonwealth Racing funds might cover the cost of the ambulance vehicle itself, this money being offered does not come close to paying for the outfitting costs, or the annual costs to staff, run, house, and maintain an ambulance. Although the “Yes” proponents of Commonwealth Racing see the money as a way to bring ambulance service back to Hardwick, the reality is the expenses involved are out of reach. Nevermind the fact that there are other areas in need and this money spread across the various departments such as fire, police, and other town needs, will not pay for much.

Excessive Traffic, Not Just Tractors Anymore

satellite parking lots will be located. Critically, for people who live or work in Hardwick, Upper Church Street will be closed to regular traffic on festival days and most likely on set up and take down days, causing traffic and significant travel delays on all other roads.

PHOTO BY VARAVUT

Without a doubt, traffic will increase within the villages of Hardwick and the surrounding towns.

During the construction of the track and the buildings proposed by Commonwealth Racing LLC there will be many heavy equipment vehicles, dump trucks, and personal cars and trucks that will be entering and leaving Hardwick.

After the facilities are built, there will be an increase in traffic as employees will be entering and leaving Hardwick on a regular basis.

During the “set up” days leading up to and the “take down or clean up” days after race days, there will be a large number of trucks carrying portable toilets (to accommodate thousands of visitors), hand washing stations, portable showers, temporary horse stalls, betting kiosks, grandstands, and other portable structures in and out of Hardwick.

In preparation for race days, horse trailers will carry race horses and lead horses (usually one lead horse per race horse). Since race days consist of 6-10 races with approximately 6-10 horses in each race, this could amount to 100 horses being transported in and out of Hardwick on each day, as horses do not run more than 1 race per day. Grooms and jockeys will arrive with the horse trailers or in their own vehicles. There will also be an unspecified number of food trucks and other vendors coming in and out of town to support each “festival day” which will be parked on Upper Church Street.

On these festival days, the developers estimate that there will be between 3,000 and 5,000 people in attendance on weekends. There will be no onsite parking for attendees, thus, satellite parking lots will be used with shuttle buses running back and forth to the festival. Commonwealth Racing LLC has not revealed where those

Commonwealth Racing LLC says they “will seek approval from the Commission to race” up to 2 weekends (four race days) during the initial 5 years of this project. They are silent on their business plans for after this start up phase. There is no mention of how many weekday races will be run. As written in the HCA, “the number of race days are subject to approval by the MGC” (Massachusetts Gaming Commission). The current requirement is for a minimum of 100 racing days in order for a licensee to be eligible for simulcasting. A new law will take effect in August, 2023 which is set to decrease that minimum to 20 racing days. However, neither the Commonwealth Racing LLC, nor the Town of Hardwick, nor the Host Community Agreement will ultimately have control over the number of race days.

One can only imagine the number of vehicles coming in and out of Hardwick with this proposal. It will be difficult for our small 1-2 lane roads, which are 15-25 miles away from highways and major thoroughfares, to safely handle this kind of traffic volume, much of it through residential neighborhoods, many without lines.

Abutting towns will also bear the brunt of this development and there may be precedent for them to sue Hardwick for the impact on their communities.

In the draft HCA, Commonwealth Racing LLC states it will study traffic impacts when the project is reviewed by the Planning Board. This would take place after the town approves the proposal. However, this information is critical to understanding the impact the track and its enterprise will have on our town and we cannot in good conscience vote yes for a proposal with so many dangerous unknowns.

Higher Taxes, Increasing Rents, Seasonal Jobs

Real Estate Taxes & Property Costs

Police and Fire Staffing Concerns

Hardwick’s shared police department currently employees about a dozen police officers; a mix of fulltime and part-time. Led by Chief James Ayotte, they currently serve under two jurisdictions, covering a rather large geographical area (New Braintree and Hardwick). They serve and support an approximate total population of 4,100 between the two towns.

The Hardwick Fire Department, led by Chief Raymond Walker, is all volunteer based. While there are some fire hydrants in town, the majority of the town is served by one of the town’s two tanker trucks in the instance of fire.

Our resources are already stretched thin. If a horse race track were to come to Hardwick, it would be difficult for our first responders to handle the problems and issues that come along with an extra 5000 people in town.

While we can’t know for certain what will happen to real estate taxes if Commonwealth Racing is able to build their racetrack in Hardwick, there has been data on other cities and towns where development prices out residents from affording their taxes or being able to buy their own homes, especially in rural areas.

From the New York Times in an article from June 9, 2022: “The median listing price for farms, ranches and undeveloped land in Columbia County, an agricultural stronghold in the heart of the Hudson Valley, shot up 62 percent between January 2020 and January 2022, according to data from Realtor.com. Rental homes are also pricier, in part because so many of them have become Airbnbs, a mounting crisis for both farmhands and beginning farmers who don’t have places to live.”

From a more recent New York Times article from November 2022: “...small farmers [sic] are now going up against deep-pocketed investors, including private equity firms and real estate developers, prompting some experts to warn of far-reaching consequences for the farming sector.”

Even if you are not a farmer, there are risks to this kind of outside investment. Real estate taxes are calculated on the assessed value of your home multiplied by the tax rate the town sets. Outside investment has been shown to increase the assessed value of property - an advantage if you are selling your home, but not if you are buying a home, and could cause real estate taxes to rise steeply unless the town dramatically cuts tax rates.

Rents and Airbnbs

According to GBH news, in their 2022 report “Priced Out: The fight for housing in Massachusetts.” [groups of outside investors buying homes is] “becoming more prevalent in Massachusetts and everywhere,” said Adam Travis, a Harvard doctoral candidate studying rental housing and the private market. “More and more rental properties are coming to be owned not by individuals, but by companies, by business entities.’’

Investors are spurred by high demand for housing, rising rents and soaring home

values, making it a lucrative business. But housing advocates say the trend is making it harder for individual homeowners to buy, and driving up rents so renters get priced out.

Further issues arise with the model of using LLCs to buy homes. The shell companies tend to be worse landlords than individual owners, research shows. And the business structure obscures and protects its individual owners, a corporate veil that creates additional headaches for housing advocates and government officials seeking accountability from landlords.

This is already happening in Hardwick, where shell companies are buying local land and houses with an expectation of making a profit off of our housing stock. Converting apartments into short term rentals will earn landlords more money than providing monthly housing. Fewer rentals means higher rents on the remaining apartments. The people who will be hurt the most are people who are already struggling to pay rent.

Jobs

For most of the skilled jobs Commonwealth Racing LLC is planning to bring to Hardwick, the majority of them will likely be filled from outside of the community, as they are specialized to the horse industry. It is doubtful our small town has enough people with the specific skills they are looking for. The remainder of the jobs will be part-time, seasonal, or day-laborer kinds of work that will not pay well or consistently. If we believe their proposal of only 5 race days a year, how many of these jobs could possibly be fulltime and provide a consistent income?

PHOTO BY NATASHA DANGOND

Excavating the Land for the Turf Racing Track

The field upon which Commonwealth Racing LLC proposes the 1 mile “turf race track” is not as level as required for safe racing. Commonwealth Racing LLC has not provided any detail as to how they propose to actually place the racetrack in the 20 acre field other than their artists renderings, with the notice that the track “cannot be seen from road on nonfestival days” and their brief verbal description that the track will just be grass cut shorter between haying.

In their FAQ document on their website, Commonwealth Racing LLC states: “A grass track provides horses with the safest racing surface. A grass track provides minimal disruption to the soil and the fields. The existing 20 acre pasture is maintained.” They imply that the fields and soils of this APR protected land will not be impacted.

The Reality: Horses need a specific surface to race on safely. In their application to the MA Gaming Commission (also available on their website), Commonwealth Racing LLC has included budgets for 6 million dollars in ‘site work’ and over 2 million dollars to build the track (table, page 36.) Thousands of cubic yards of material will need to move from one end of the racetrack to the other to help level the field. An investment of 8 million

dollars suggests more changes are required to the track than haying.

There is also a budget line item for fertilizer/weed killer of $10,000 for each Festival Weekend. In addition, a permanent irrigation system is a must for these racetracks, and Commonwealth Racing LLC has not explained how that system would be built and maintained with no water or electricity existing on this land.

Commonwealth Racing LLC does not show or explain how temporary railings surrounding both sides of track will be anchored to the ground as they are ineffective only sitting on the grass. State of the art simulcast cameras and speed measuring devices need to have very stable bases for them to anchor to as well; this can’t be temporary.

Other race tracks have spent many millions of dollars for their turf tracks. Just 2 examples: $10 million at the famous Churchill Downs to renovate their existing turf track and 4 years ago, $4.5 million at Finger Lakes race track in Rochester NY to add a new turf track. The designers of those tracks specify digging down and removing over a foot of soil, adding a foot or more of coarse masonry sand trucked onto the site, followed by at least 6” of loam, topped off with Kentucky

blue grass. Although Commonwealth Racing’s budget aligns with these examples, their claims of alterations not being needed do not.

Aside from their information in writing, a Commonwealth Racing board member and attorney John Stefanini told the Town in a public meeting that they will merely overseed and cut the existing fields at Great Meadowbrook Farm to create the racing surface. No mention was made of excavation or alteration to the landscape. No mention was made of how they propose to ease the grade changes on their proposed track site.

These promises seem wholly inconsistent with the reality of other turf tracks, Commonwealth Racing LLC’s written intentions, public comments, and their stated concern for the safety of horses.

This is another example of why we should vote “No” and not allow Commonwealth Racing LLC to build this project because their promises and process are deeply flawed.

PHOTO COURTESY OF HORSEMEN’S TRACK AND EQUIPMENT

The Race Days – From Setup to Take Down

Race Days: The State Sets the Number

Commonwealth Racing LLC says they “will seek approval from the Commission to race” up to 2 weekends (four Race Days) during the initial 5 years of this project. They are silent on their business plans for after this start up phase. There is no mention of how many weekday races will be run. The MA Gaming Commission approves the required number of live horse racing days per year. The current requirement is for a minimum of 100 racing days and a maximum of 200 days in order for a licensee to be eligible for simulcasting. A new law will take effect in August, 2023 which is set to decrease that minimum to a minimum of 20 racing days. However, neither the Commonwealth Racing LLC, nor the Town of Hardwick, nor the Host Community Agreement will ultimately have control over the number of Race Days.

The new rules from the MA Gaming Commission that are set to be official in August of 2023 set a minimum of 20 race days per year in order to maintain a racing license.

Let’s try to understand the scale of this temporary “movie set”, as Commonwealth Racing LLC refers to it.

Commonwealth Racing LLC estimates each 2-day festival racing weekend will cost $617,000. As expected, the bulk of this money is rental equipment, outside contracted workers, payroll, fees, and contracted services. This estimate includes the 2-3 days of setup and 1-2 days of take down.

Notably, Commonwealth Racing LLC budgets the same amount for fertilizer and pesticides for each weekend as they do for jockey insurance: $10,000. Although local jobs have been promised, budgets for this are unclear, with the exception of “Security/Traffic patrol” that mentions “local and contracted”.

Not shown on their renderings but very clear in the application to the Gaming Commission is the temporary place to secure the very special horses and the jockeys who will ride them. This Stable area is completely enclosed with 24/7 guarded gate entry only, to credentialed personnel only. This is where they plan to build temporary wooden stables for 300 horses, plus showers, toilets, hot boxes, and enough rooms for all Jockeys.

Also shown are 5 temporary “support tents” on Upper Church Street that have concessions/restrooms. It is unclear if this meets Board of Health standards for the amount of toilets and wash stations as required by law. This could be approximately 110 portajohns and 20 wash stations.

The renderings do not show the 30 – 60 Parimutuel kiosks or whether they are separately spaced on the property or concentrated in a single tent.

Parking is another large issue to understand. Commonwealth Racing LLC proposes 1,000 cars parked at properties adjacent to the APR land and 2,000–3,000 cars parked remotely, requiring upwards of 100 shuttle buses. Each 1.5 acre area can park approximately 200 cars. This would be over 20 acres of parking in town. None of this has been explained.

Since there are no utilities on the site of this proposed track and support structure, everything will need to be powered by generators. Generators will be needed to power 14 concession tents, 12 food trucks, support tents, mutuel kiosks, racing and timing technology, temporary saddling barn, pavilions, as well as the entire stable area, hundreds of motor homes, and horse trailers. This will bring noise, pollution, and the possibility of fuel damage to the landscape and wetlands.

One of the biggest questions about all of the set up and take down is if it takes 3 days to set up for each 2-day event, and 1-2 days to take it down, and there are 10 festival weekends between say July and September (remember, while Commonwealth Racing LLC has stated they will ask for permission to only hold a few racing days initially, MA Gaming law requires a 20 day minimum starting in 2023), then we are looking at a continuous disruption from an event that actually lasts several months.

It makes little financial or logistical sense for them to be continually renting, setting up, and taking down structures every week over those months, unless you understand the math: the $617,000 they plan on spending each time they hold a race event will be dwarfed by the money they expect to take in with wagering.

COMMONWEALTH RACING WILL SPEND MORE MONEY ON ONE SINGLE “FESTIVAL” WEEKEND THAN THEY ARE WILLING TO PAY THE TOWN OF HARDWICK FOR THE ENTIRE YEAR!

What is Simulcast Horse Racing & Wagering?

Simulcast horse racing is the broadcasting of horse races via satellite. Wagering is the primary purpose for simulcasting horse races to and from Great Meadowbrook. Wagers are placed using kiosks at the racetrack and via digital (such as phone) wagering applications.

According to a report funded by the proposers, a horse racing track is not profitable without simulcast wagering and other forms of gaming, such as sports wagering. This is where the money is made, and this money is shared with the State. “Sports Wagering at Prospective Racetrack Report”, Spectrum Gaming Group 2/18/2022.

Will Commonwealth Racing be able to simulcast horse races from Great Meadowbrook Racetrack and when?

What Commonwealth Racing says: Simulcast wagering will only be offered on live race days.

The fine print: Massachusetts Gaming Law allows the racetrack to offer wagering at the racetrack on live race days and all “dark” days where a race does not occur. Commonwealth Racing can simulcast as often as needed to be profitable, whether there is a race or not. Mass Gaming Chapter 128C, Section 2.

Can Great Meadowbrook Racetrack only have a handful of Racing days and maintain the ability to offer simulcast wagering?

What Commonwealth Racing says: They will only have 2-4 race days a year for the next 5 years.

The fine print: NO. The Current MA law states: No racing track licensee, whether acting as a guest track or host track, shall simulcast live races unless the licensee conducts a full schedule of live racing during a racing season unless licensee cannot conduct a full schedule of live racing performances due to conditions not in the control of the licensee. If the racing licensee is unable to conduct a full schedule of live racing, no racing licensee shall simulcast live races unless the racing licensee actually conducts at least 900 live races over the course of not less than 100 calendar days during that racing season with no

fewer than 7 races completed on any of those 100 calendar days. Mass Gaming Chapter 128C, Section 2. While this is scheduled to be changed to a 20 day minimum in August of 2023, Hardwick’s vote will happen while the law requires the minimum of 100 race days.

What do we earn from the horse racing license?

Commonwealth Racing has promised a 1.5% share of live racing and simulcast racing earnings, which could be approximately $240,000 per year, but did not indicate the number of race days required to hit this amount. The $240,000 is based on a percentage, therefore, not guaranteed. This money, half of the promised $500k, is categorized as a Community Impact Fee, aimed to mitigate the costs incurred on the town by having the racetrack, therefore, not money that we can expect to be allocated for the improvement of Hardwick.

Can we approve the racetrack and NOT the simulcast wagering?

NO. The racetrack and simulcast wagering are tied together in the Massachusetts Gaming Law 128. In summary:

• Wagering is the big money maker in horse racing.

• Simulcast wagering allows a cut of more racing revenue from sites all over the country.

• Without wagering, the racetrack will not survive.

• Commonwealth Racing will be offering wagering at the racetrack on race days and can offer on non-race days – as many days as desired.

• Commonwealth Racing will need to meet the minimum number of race days, (currently 100) and 900 races to allow simulcast wagering.

Even if Mass Gaming allows fewer race days during year one, they will likely NOT allow Commonwealth Racing LLC to operate below the minimum racing requirement for the years that follow. The racetrack would not survive without maximizing racing and simulcast wagering revenues.

Commonwealth Racing LLC must follow MA law in all materials. Any promises made in the Host Community Agreement are not valid and cannot be fulfilled if they are in conflict with Mass Gaming.

Sports Wagering at Great Meadowbrook Racetrack and “Other Hardwick Locations”

What is sports wagering? Sports wagering is a form of betting and is highly addictive, lucrative, and risky. It includes anything sports related, both amateur and professional. Sports wagering became legal in Massachusetts in August 2022 and will become available to the public in early 2023. It is a multi-billion-dollar money maker for the operators and the states, as states get high tax dollars from winners. Those who will offer sports wagering, like Commonwealth Racing, stand to make millions.

Other states have experienced tremendous problems from sports wagering, including underage gaming, addiction, increased crime, unregulated advertising, and illegal wagering activities.

Does Commonwealth Racing get a sports wagering license if they get their racetrack license?

YES. Once they are approved for a license for horse racing, they are automatically eligible to apply for a sports wagering license. Most important to Hardwick – If Commonwealth Racing obtains a license for racing horses here, they will also receive the ability to have an onsite (retail) license in Hardwick and be able to partner with a digital operator for online sports wagering.

Where will Commonwealth Racing locate their sports wagering facility?

While Commonwealth Racing LLC has mentioned sports wagering in marketing materials and in the Host Agreement, they have NOT disclosed where they will be using their retail license. There are NO by-laws in Hardwick limiting where Commonwealth Racing can put the sports wagering location(s) or the hours of operation and these cannot be developed fast enough to control it.

Didn’t Commonwealth Racing say there would be no gambling?

Sports wagering is legally considered wagering – not gambling. So technically, Commonwealth Racing LLC is legally correct. However, this is a distinction that means little in the real world. Furthermore, based on the report Commonwealth Racing LLC commissioned themselves, they know the racetrack and simulcast wagering aren’t enough to make a profit; they need the lucrative sports wagering license or the plan fails. But they can’t get the sports wagering license without the racetrack. The racetrack is a loss-leader for the sports wagering activities.

How will Commonwealth Racing increase revenues in sports wagering?

While much of sports wagering is online/digital – Commonwealth Racing will have the ONLY retail license in central Massachusetts! Coupled with the only thoroughbred track in New England, this will be a big draw for outside visitors, eager to wager in person. They will also likely team with an online partner, making wagering all too easy for town residents, including those underage.

This is very lucrative – is Hardwick getting a portion of the sports wagering?

NO - Commonwealth Racing has not offered any portion of this lucrative sports wagering. The only money promised to the town is 1.5% of simulcast and live horse race revenue, which will be the least of their revenues.

Can we shut down horse racing & wagering if Commonwealth Racing does not adhere to regulations?

NO. Commonwealth Racing can sell both the racetrack license and the all-important sports wagering license to other entities at any time. Mass Gaming will allow the new entity to continue operations.

Can we approve the racetrack and NOT allow sports wagering?

NO. The ballot is for the racetrack – but Hardwick has NO ability to prevent Commonwealth Racing from obtaining the sports wagering license and has no by-laws controlling locations in Hardwick.

Can we regulate sports wagering in the Host Community Agreement?

The Host Agreement will not be reviewed until after Commonwealth Racing gets their horse racing license, opening the door for them to obtain their sports wagering license. Therefore, Hardwick will have little control over this process. In addition, Massachusetts Gaming Laws trump any provisions in Hardwick’s Community Host Agreement. While the Community Host Agreement is a legal contract, enforcing it will require suing

Commonwealth Racing in court. In summary:

• Sports Wagering is more lucrative than horse racing.

• Sports Wagering is new to Massachusetts and comes with significant known risks

• Without wagering, the racetrack will not survive – Racing alone is not profitable.

• Commonwealth Racing has failed to disclose the specifics of or locations for sports wagering.

• There are no Gilbertville/ Wheelwright/Hardwick/Old Furnace by-laws protecting the locations, hours of operations, or regulations related to sports wagering.

• Sports wagering advertising routinely targets vulnerable people and teens.

• Sports wagering has been proven to increase crime, addiction, alcohol use, other risky behavior. Therefore, a YES vote for the racetrack is a YES to sports wagering. The Commonwealth of Massachusetts has not had the time to develop rules and regulations to safeguard against the many known dangers of sports wagering. If the Gaming Commission is concerned about these issues - youth wagering, crime, drugs, etc, Hardwick should be very leery of bringing sports wagering here.

According to the 2022 Commonwealth Racing Sports Wagering Report, Commonwealth Racing is expected to earn $40,000,000 from sports wagering annually. While Commonwealth Racing included sports wagering in the HCA, they offered NO split in this revenue. Hardwick receives zero.

The Health and Safety Impact of Horse Racing, Simulcast, and Sports Wagering

proposal mentions armed guards at the track, but Commonwealth Racing LLC is not providing resources, studies, or any assistance to protect the community or surrounding communities from the criminal behaviors that are inevitably brought in by horse and sports wagering.

Impact on Poverty

PHOTO BY NARIT BUA

Residents must consider whether the promised money is worth the stress on our infrastructure and lifestyle, but we also need to consider the health and safety impact of commercial gaming in and on the community.

Horse and sports wagering are very addictive, and their impact will be felt within our town should the race track be built here. Mental health experts and medical experts compare it to an addiction to opioids. The body’s response to gambling and wagering triggers the same brain receptors as opioids and produces the same dangerously addictive responses. And just like substance use addiction, wagering is easy to start and very hard to stop due to its 24/7 accessibility– especially if it is right in your community.

Sports wagering expanded beyond Las Vegas 4 years ago and was approved in Massachusetts in August 2022. After 4 years of studies, data have shown an alarming impact on families, individuals, communities, and youth. States are scrambling to retroactively get

programs in place to manage the damage already done with what is seen as the next addiction epidemic.

In a review of more than 140 studies and reports related to sports betting and gambling addiction, the National Council on Problem Gaming states, “gambling problems may increase as sports betting grows explosively at the same time that technologies evolve to create seemingly unlimited types of wagering opportunities.”

Hardwick needs to take a hard look at these studies. Our community is at high risk of harm from sports wagering. We have many living below the poverty line, high risk youth, and limited local opportunities. Unregulated aggressive marketing and advertising promotions are driving addiction. Ready access to sports wagering or wagering kiosk locations could lend themselves to becoming very dangerous community activities.

Impact on Crime and a Safe Hardwick

Studies point to a 30% increase in crime where sports wagering and other gambling is accessible.

Domestic violence increases in wagering communities by 25% due to stress of losing money and lure of wagering activities.

Criminals are drawn to wagering communities because it is cash intensive. The

Sports wagering disproportionately impacts low income and vulnerable people, with grave impacts on children and families such as housing loss, food insecurity, drug addiction, and domestic violence. Wagering has historically targeted lower income community members, something Hardwick will struggle with as we have 1.5 times the rate of those below the poverty line than the Massachusetts average.

Impact on Youth

25% of high school students experience lower grades in communities with wagering facilities.

Young people have higher rates of gambling problems than adults; 75% of students gambled, according to data from 2018

The HCA has provided no additional dollars for youth training on the hazards of wagering nor has Commonwealth Racing LLC indicated how they will prevent exposure of our children to wagering influences.

Impact on Mental Health

Sports wagering is associated with anxiety and depression, reduced work productivity, financial difficulties, and strained relationships.

Commonwealth Racing LLC has not offered assistance in the support of mental health impacts of wagering on our community. Hardwick communities are stretched today. This will cause additional hardship to our most vulnerable populations.

Hardwick must also consider the additional strain of increased traffic, crime, noise, late night lights, drunk drivers, and the loss of community.

A MATTER OF OPINION

Preservation of Land and Community

Alice Lowell, Wheelwright

My Dad, Chet Goodfield, had a dream to buy the old Mixter Farm. So much so, that at age 11, he saved up $11.20 to purchase his first cow. Later on, he fulfilled his dream and developed his own herd on Goodfield’s Gurnsey Dell farm. His purpose for putting his farm in the hands of APR was to preserve farmland and contribute to the betterment of the community [As was his life mission], not exploit it for commercialized sports betting and a racetrack.”

Why the Rushed Process?

Shelley Regin, West Hardwick

“As I consider the proposal for Great Meadowbrook Farm, a few things come to mind. I believe this is a very rushed process and I question why. If this proposal is so important to the Town of Hardwick, we need to ensure first and foremost that we are the fully educated and informed about the various “facts” in flyers that are going around. Have we fully vetted what is being fed to us or are we just blindly taking their word for what they will do? Every single one of us that lives here needs to understand the real facts before we can make an educated decision either way. I do not believe

we have these facts today. Ask yourself if this is such a great proposal, why did four other towns turn it down?

We moved to Hardwick 5 years ago because of the open spaces, the quiet landscapes & small-town charm that it offers. I truly believe that this proposed plan will highly impact our town in a way that we are not prepared for. It will change our quaint little town forever.

I believe that we need a full scope of the proposed project before we take any actions. We need factual information on what we can and can’t change if it goes through such as the number of festivals that they are proposing vs. the number of festivals that will happen based on the proposed agreement. You might be ok with two or three, what if that number actually is 20? How would you feel about that? I know how I would feel. Please vote responsibly.”

A Drain to Our Town’s Resources

Liz & Jerry Reilly, Old Furnace

Our family has lived in Wheelwright for more than a hundred and fifty years. We get mail at the post office in Wheelwright, it’s where our church is located; my grandfather and his sisters and brothers worked in the Wheelwright mills and started a store. When my father took over the insurance business that my grandfather had started, he worked in every village

here. Jerry and I have been devoted friends to so many people in all of the villages. We are certain that this proposed track would be disastrous for everyone.

The whole proposed enterprise would be a drain, not a help to the town’s resources and the services the town could offer its people.

Our Neighbors, Our Family

Cara

Wilczynski, Hardwick

I am disheartened by the polarization & disappointed that we still, in our final days and hours of evaluation, do not have information critical for residents to make sense of all the nuances this proposal has set forth. My hope is that each resident, before they vote, thinks about their neighbors they do crosscut with at the Hardwick Fair, their friends that donate a pie or a coat during the holidays, & the family that we have built within our community, and how it will truly effect each of us for the worse if approving it.

The Cost is Simply too Great

Halley

& Curt Stillman, Hardwick

The scope of the racetrack being proposed will ruin Hardwick as we know it. More time and education need to happen so that the citizens of Hardwick can make an informed decision on how this will actually affect our town. Because

selling ourselves off for $500k a year is not worth it. The end cost is simply too great. We have not worked as hard as we have for our town, our community, and ourselves, just to see it come to this.

Hardwick Villages Will Not Benefit

James Lagomarsino, Hardwick

The only ones that will benefit from this [proposal] are the state & the extremely wealthy group behind this racing & gambling proposal... it will change Hardwick negatively forever. It will not remain the town that we, and generations before us, chose to live in, love, and protect for generations to follow. Simply put, greater knowledge will help us all understand that this is the wrong proposal for the wrong piece of property in the wrong town.

Don’t Disrupt my Sense of Safety

Savannah Dietrich, Gilbertville

I’ve lived in Gilbertville for 14 years and it’s always been such a quiet town where everyone has each others backs. I’ve traveled to many places in this country and I’ve always felt the most safe in my town. The open fields are always a great place to take a walk, watch the sunset, stargaze, and just have a breath of fresh air. Bringing in hundreds or thousands of outside people would disrupt a lot of people’s sense of security.