High School Appeals Will Continue After Latest Motion

As expected, the petitioners filed a motion for the DEP Commissioner to reconsider his decision to dismiss the appeals just before the Tuesday deadline.

The appellants of the Wilmington High School project filed their latest motion with the Department of Environmental Protection on Tuesday, their final step before the project likely heads to Superior Court.

Petitioners filed a motion to reconsider, hoping the DEP Commissioner will reconsider accepting Hearings Officer Tim Jones’ recommended decision to dismiss both appeals.

Tuesday was the deadline for the motion, and petitioner Kevin MacDonald confirmed that the group did submit to DEP just before the 5 p.m. deadline.

“We feel the dismissal was irresponsible and should not have happened,” said MacDonald. “We don’t feel justice was serviced, and we think the Commissioner should allow at minimum a hearing to be held. People deserve their day in court.”

The move came as little surprise to town officials. Board of Selectmen chairman Mike Newhouse said he expected this motion to be filed, but remains confident that it too will be dismissed.

Several residents expressed frustration that the appellants waited until just hours before the deadline to file, as has been the case at past deadlines. Newhouse said his frustration remains with the big picture, rather than when items were filed.

“My frustration is that we’re not in the ground building the school that residents overwhelmingly supported,” said Newhouse. “I know I’m not alone and I share that frustration with many people in town. I would encourage anyone to look at the record from the DEP hearings process, because I think that speaks for itself. In the end, the timing of when things are filed is not really as important as the bigger picture, which is that we should be building a new high school right now.”

MacDonald said there is no truth to the thought process that he and other petitioners are waiting until the last minute as a stall tactic.

Instead, MacDonald placed blame on the town for the timing of the filings.

“We feel the DEP deadlines are not long enough. They gave us very little time to compile things and submit them,” said MacDonald. “When you’re trying to gather information and you’re being stonewalled at Town Hall and you have to research things and make copies, it’s difficult. Maybe if we didn’t get stonewalled and delayed there, it would be a different story.”

With the latest motion filed, the town is again in a waiting period. Newhouse said he does not believe there is a specific time frame for the Commissioner to make his ruling on the motion, but added that he does not believe it will take long.

In the meantime, Newhouse said that while he praised the work of DEP representatives throughout the current appeals process, he believes that in the bigger picture it’s time to begin reconsidering the state’s appeal laws.

“The rules are broken and need to be fixed,” said Newhouse. “I think folks should continue to do whatever we can collectively to change the rules. The hurdle for folks to get over in order to avail themselves of this process is far too low without punishment for frivolous appeals. That needs to change.”

Cynthia Costa October 31, 2012 at 11:31 PM
May the town send these goons the bill for all legal fees incurred.
Kevin MacDonald November 01, 2012 at 12:49 AM
http://en.wikipedia.org/wiki/United_States_antitrust_law These laws were enacted for a reason Penny. Can you venture a guess why!
Kevin MacDonald November 01, 2012 at 12:53 AM
http://en.wikipedia.org/wiki/Collusion Are Town Officials all set with this Patty?
Kevin MacDonald November 01, 2012 at 12:57 AM
Is that you Mother Theresa Cynthia?
Joe November 01, 2012 at 11:54 AM
www.copyandpastebecuaseihavenothingoriginaltosay.com hey look I can paste links too
Penny D November 01, 2012 at 12:46 PM
Kevin, I really don't care what wikipedia says, go to our LOCAL website Mass.Gov and it will tell you what MASSACHUSETTS
Penny D November 01, 2012 at 12:47 PM
Tom November 01, 2012 at 01:49 PM
OK, so I get it now. Kevin MacDonald, or someone he knows, didn't get a piece of the contract for the new high school so he is claiming collusion and being a jerk, just to spite us all.
PJ November 01, 2012 at 03:14 PM
What bothers me the most about this, is not the fact that there has been another appeal filed its that to quote Kevin from the above article,"We feel the dismissal was irresponsible and should not have happened,” said “we don’t feel justice was serviced." Well my question is what about justice for the 90% + of the Wilmington voters that came out and overwhelmingly approved the project? We want our justice, your small group's continued appeal is doing nothing but adding cost to this project and that is not justice and that is IRRESPONSIBLE of you and should not be allowed to happen! Come down off your high horse or whatever podium you want to stand behind preaching about the oil and everything else. The town and the DEP have approved the plans, you don't like it, we all get that you have made it clear, but you are in the minority. Every other school in this area is being updated for their kids, it is time that this project get underway for ours! If you want to continue to block this, then stop talking about justice, irresponsibility and what is fair, because your actions contradict your words.
Richard Jertz November 01, 2012 at 03:38 PM
Will you people leave Kevin alone. He is using his rights as an American citizen and he is only interested in what is best for the Town of Wilmington.
Richard Jertz November 01, 2012 at 03:40 PM
Do you think that somebody could go and get Kev's prescription filled. I agree Joe try this website ihavenocluebecauseiamajackass.com
Paul November 01, 2012 at 04:01 PM
So i can only guess that my post on wednesday is correct ! Kevin must have his hand in some's pocket or he is gaining some how from all of this because he has responed to other comments and not this one, or any other comment that puts him on the spot.
Kevin MacDonald November 01, 2012 at 04:45 PM
I guess you really don't get it Mr. doubting Thomas. The Wetlands Protection Act is law and the Town must abide by it like everyone else. Does is make sense to lose an emergency access road/pedway/bikeway at the Wildwood school for a project at the High school location? Do we remove this (as a mitigating measure) when it will not be able to be used in its current form nor built again (if needed) due to new wetlands regulations since its been built? TOTALLY senseless!!!!!!!!!!!!!!!!!!!!!
Tom November 01, 2012 at 06:51 PM
In a word, Kevin. Yes, it does make sense. I don't hear the people who live around the emergency access road/pedway/bikeway complaining.
Kevin MacDonald November 01, 2012 at 10:47 PM
Tom, I went to each of the abutter's homes they do not want it removed!!!!!!!!!!!!!!!!!! Other neighbors also do not want it removed!!!!!!!!!!! People with a clue don't like dumb detrimental proposals.
Kevin MacDonald November 01, 2012 at 10:57 PM
Justice for you PJ would begin by understanding that Wilmington has over 20,000 people. I will tell you 90% of the people in Wilmington did not vote for this project and I am sure that if many that did vote for this project knew all the details they would not have voted for it.
Kevin MacDonald November 01, 2012 at 11:09 PM
Keep dreaming and slandering me Paul. You're obviously good at something. Do you have a complete breakdown of all the costs for the school? I didn't think so. You sound like a good candidate to sell a bridge to in Alaska or some waterfront swamp land in Florida.
Steve H November 02, 2012 at 12:50 AM
lol, did that moron actually accuse someone of slandering him, that is funny.
Donna November 02, 2012 at 09:48 PM
I'm wondering if when the Patch posts stories and updates regarding the new high school, could we refrain from including photos of the person leading the call to insanity?
NP November 02, 2012 at 10:31 PM
excellent comment...hope it happens!!
Kevin MacDonald November 03, 2012 at 01:13 AM
It's MacSanity Donna!!!!! Hop on board the MacSanity train babycakes and see how a new school gets built for half the money at the right location with an auditorium that can hold the entire student body along with the faculty and a hockey rink that can generate revenue while preserving a structurally sound building that can also generate income. Get off the crazy train and get on board the MacSanity Train. ALL ABOARD!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! http://www.redhenturf.com/pdfs/TheTruthAboutArtificialTurf.pdf
Steve H November 03, 2012 at 01:32 AM
You had to repost the same link you used before from a natural turf company. Surprising that they are stating the negatives to artificial turf. That is almost as big of joke as u are becoming.
Steve H November 03, 2012 at 01:53 AM
Kevin for one reason or another your redhenturf is not BBB accredited. You would think any company that is worth anything would want to be accredited. Let me guess you probaly have issues with BBB as well. Question do you have issues with digsafe?
Kevin MacDonald November 03, 2012 at 12:03 PM
Is the BBB your hero Mr. Stevie H (Hemorrhoidal Hallucination?)? http://www.ripoffreport.com/better-business-bureau/better-business-bure/better-business-bureau-or-buye-eq4fb.htm
Kevin MacDonald November 03, 2012 at 12:05 PM
You're the gift that keeps on giving Stevie H. http://abcnews.go.com/Blotter/business-bureau-best-ratings-money-buy/story?id=12123843#.UJUIRcU70QE
Donna November 03, 2012 at 07:00 PM
Mr. MacDonald, your level of disrespect just keeps rising. Only a total jerk would call a woman, he does not know, "babycakes". You think you're so smart and intelligent, when you really are just a little man looking for attention, any way you can. Perhaps some psychotherapy would help you work out your desire to be loved and respected. Respect is earned, Mr. MacDonald. The site of you makes me want to throw up, thus the reason I asked that the Patch no longer post photos of you. And personally, rather than name a bathroom or urinal after you, naming the septic system after you seems more appropriate.
Bob November 03, 2012 at 07:27 PM
Don't let him get to you Donna, This is the kid that we all went to school with who ended up being pushed inside lockers...had a Birthday party with only his family because he had no friends and now that he lost his state blasting license he takes it out on everyone and everything. He is a bag of hot air who continues to rant and rave about nothing..because that is all he has to do with his pitiful life. We can only hope that there is a Tiny Tim and 3 ghosts of High schools past to bring him around like Ebenezer Scrooge...but I would not hold my breath.
Matt Schooley (Editor) November 03, 2012 at 07:34 PM
Alright all. Let's please keep things friendly and stick to the topic of the article. I understand it's a passionate topic for many, but let's refrain from personal attacks. Thank you, and thank you all for your interest in the site!
Donna November 03, 2012 at 08:15 PM
Matt, I have tried to refrain, but when he called me "babycakes", it was very offensive, to me. I will do as you've asked and keep quiet.
Matt Schooley (Editor) November 03, 2012 at 08:20 PM
Donna, I wasn't singling you out, instead just making a general request to all of our posters in an effort to get the discussion back on topic. Enjoy the rest of your weekend! Matt


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