Newhouse, Town Officials Await Next Step for High School
After Wednesday's ruling by the Department of Environmental Protection, Superior Court would be the next step for the high school appeals.
Mike Newhouse said he’s been able to see the light at the end of the tunnel for a long time. But for town officials, it’s getting a bit brighter after the latest Department of Environmental Protection ruling.
After the DEP Commissioner ruled late Wednesday that he would not reconsider his decision to allow the dismissal of both high school appeals, Newhouse said it did not come as a surprise.
“I think it’s fair to say that we’ve all seen the light at the end of the tunnel from the beginning because we never doubted the validity of the town’s position, and the DEP’s position,” said Newhouse, the Board of Selectmen chairman. “The light has been at the end of the tunnel, it’s just been a matter of how long is the road we need to travel. Because of the rules, that is beyond our control.”
The next step in the appeals process would be for the petitioners to appeal the decision to Superior Court, which must be done within 30 days of Wednesday’s decision.
Kevin MacDonald, who is the spokesman for the 10-resident group appealing the project, did not return several attempts for comment about the appeal dismissal on Thursday.
Abutter Gerry O’Reilly, who is also appealing the school, declined comment when reached by Patch. His attorney was not immediately available for comment.
Reilly’s attorney and MacDonald have indicated in the past that they would be willing to take the school decision to Superior Court, however it is not officially clear if that is what they still plan to do.
Newhouse would not speculate on how long a potential case could take at the Superior Court level. He did say that the cost of the extended appeals continues to grow the longer the process takes, though he didn’t provide a specific estimate of what increase the town is currently looking at.
“It depends when that question is asked, but that number is quantifiable,” said Newhouse. “It’s ever changing because of inflation in terms of labor and materials. That is an answer that the town is prepared to discuss with its consultants. I don’t want us to get ahead of ourselves, because I am not going to presume whether or not there will be another appeal.”
Though Newhouse said only time will tell how much longer it will be before the project gets underway, he did say that Wednesday’s ruling was good news for the town.
“For every milestone that we meet to make the new school become a reality, it is good news,” said Newhouse. “We’re pleased about each one of those milestones. The decision is certainly not a surprise and we look ahead to moving the project forward.”
Jack
11:25 am on Friday, November 16, 2012
Any chance the group of 10 could simply be asked to drop this? It's wasting their time and ours and presumably some amount of $ for everyone. It's time to end this and move forward.
Matt Schooley
12:07 pm on Friday, November 16, 2012
Jack,
Part of the appeals process was that the sides had to take part in "good faith" settlement discussions, to which there was no conclusion reached.
Jack
11:36 am on Saturday, November 17, 2012
Oh I know Matt. Been following it since the beginning. I'm just saying that the group of 10 doesn't HAVE to appeal AGAIN. They can, they may, probably will but the town can also officially and in good faith ask them to drop it in the interest of the masses, the town, the kids, the state, etc. looks like there's a chance now they could be held liable for costs if they are rejected again at the next level. Do they REALLY want to take that chance? Is it really worth that much to them now? I'm all for standing up for what you believe in and a good fight but we all at some point have to realize when to back off and know when you've lost and been beat. It can't hurt the town to politely and officially ask them to cease and desist and remind them we will go after them for every penny when they lose. That's not a threat. That's simply reality and the cost of a fruitless pursuit and doing business in this manner.
Jack
6:44 pm on Saturday, November 17, 2012
I stand corrected. It appears the town cannot realistically pursue financial damages due to this delay. I heard we could but was wrong.
George Lingenfelter
10:00 am on Monday, November 19, 2012
It is my understanding as one of the appellants that the Town outright refused to negotiate during the adjudication process! In my opinion the Town (i.e. former Town Manager Mike Caira and then Selectman and now Selectmen Chairman Mike Newhouse) misrepresented this project to the citizens of Wilmington from the beginning and continued to misrepresent the project (i.e. this is my story and I am sticking to it). Based on the earlier poor decisions made by the Town during the selection/alternatives process and the misguided regulatory assumptions made regarding the petroleum contamination beneath the existing building and the conditions applicable to the AUL Area, it was not possible to negotiate and keep the high school project as proposed to the Massachusetts School Building Authority (MSBA).
George Lingenfelter
10:01 am on Monday, November 19, 2012
Remember the joint Board of Selectmen (BOS) and School Committee (SC) meeting which was billed as an opportunity to try and reach an agreement but was actually an organized (on face book by members of the BOS and SC) attempt at intimidation of the appellants.
Steve H
7:01 pm on Monday, November 19, 2012
George, i was at that meeting and watched you leave early. I sat there to the very end, and never saw any attempt at intimidation. I watched Mr. Newhouse ask one of the appellants if he was willing to reconsider, that was after the appellant spoke about not wanting to be the reason the project was being help up, but george that was after you left. So can you please explain what intimidation you are talking about
George Lingenfelter
10:01 am on Monday, November 19, 2012
I can only speak for myself, but it is my understanding that none of the appellants were/are against a new high school. Most are against the current proposal but with the possible exception of one person, none would not have appealed if the petroleum contamination was to be cleaned up and the pedestrian Pedway at the Wildwood School and rear parking area at the Town Park were not going to be removed as mitigation for the installation of the artificial turf field within the riverfront area. Once removed, the Pedway can never be replaced (i.e. if the Wildwood School site were to be selected for the construction of a new elementary school at some time in the future, there will be no pedestrian Pedway for the children). Also, the current mitigation area includes removing areas which already have topsoil and lady slippers (i.e. mitigation in name only, no actual benefit to the environment).
George Lingenfelter
10:02 am on Monday, November 19, 2012
Do not place the blame for this delay and likely cost overruns on the appellants, blame Mr. Caira and Mr. Newhouse and the rest of the BOS who are apparently too ignorant of the regulatory requirements to act responsibly or know when they have been played.
George Lingenfelter
10:02 am on Monday, November 19, 2012
How many people know that the surface grade over the AUL Area is going to be reduced approximately 5 feet as part of the new surface drainage plan? This will result in the area of heavily contaminated soil being located only about 6 feet below grade. It was specifically noted that soil contamination was going to be at 13 to 14 feet below the ground surface at the December 10, 2011 Special Town Meeting (i.e. the Town lied to the people). The Town refuses to answer requests for public information associated with a groundwater monitoring located at the WHS property downgradient of the AUL Area. This well is not supposed to exist if you read the reports on the DEP website!
George Lingenfelter
10:02 am on Monday, November 19, 2012
I suppose there are many people who do not care about the petroleum contaminated soil being at 6 feet. But I believe that the citizens should have been told the honest facts before voting! Remember that only two people were allowed to speak in opposition to the high school project at the special town meeting. There was no LSP Opinion at the special town meeting as stated. The LSP Opinion (which in my opinion as an LSP myself is technically flawed), was submitted to DEP on June 29, 2012.
Wayne Sullivan
10:56 am on Monday, November 19, 2012
George all these continuous posts and after thought ramblings. You are making it look like your hitting the sauce in the early morning here. You are losing your case and now you're pouting and putting blame on others. You are a self proclaimed expert in this field and you're still losing your case. Move on and focus on your blue tarp fence problem. That's more your speed.
Richard Jertz
12:43 pm on Monday, November 19, 2012
George,
Is this all about your fence problem?
Matt Schooley
4:42 pm on Monday, November 19, 2012
A comment was removed from the site for violating Patch's terms of use. Let's please refrain from personal attacks and stay on the subject. Thank you.