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MacDonald Says 'I Don't Think It's Over Yet' After Dismissal

Kevin MacDonald said he and others are weighing their options after the Department of Environmental Protection dismissed their high school appeals.

Though the Department of Environmental Protection dismissed both high school appeals, Kevin MacDonald said he does not believe it is the end of the road for himself and other residents who oppose the project.

“I don’t think it’s over yet,” said MacDonald, who didn’t provide specific details as to what the next step may be. “We’re evaluating our options and talking to our attorneys. We feel as though the presiding officer has erred and made hasty decisions when we submitted documentation supporting our case.”

Multiple attempts by Patch to reach Gerry O’Reilly, the other appeal spokesman, for comment on Thursday were unsuccessful.

Upon dismissing the appeals, Hearings Officer Tim Jones said he will release a report by October 12 indicating why he ruled in favor of the town in its Motion to Dismiss and Motion for Summary Decision.

MacDonald claims the town filed information early this week, and before appellants were able to respond with testimony from their expert witness, the case was dismissed.

“(Jones) probably got nervous that we actually had something of substance to offer, so he didn’t want to let it get to a hearing,” said MacDonald. “It doesn’t surprise us. The DEP official is hearing an appeal of a DEP ruling. It’s a conflict of interest. It’s a kangaroo court situation and I think it’s unfortunate for the people of Wilmington.”  

According to MacDonald, the artificial turf presents hazards to the environment and players on the field. MacDonald referenced a pair of links that he believes prove the fields are higher maintenance than residents were told. He also said there is an increased risk of injury and staph infections when teams play on turf.

Despite the ruling against his appeal, MacDonald said he will continue to find a way to fight the project. 

“We’re going to keep weighing our options,” said MacDonald. “We’re very disappointed the DEP doesn’t understand that their mission is to protect the environment. We’re questioning if they understand that. We’ve felt their mission is to protect the environment. It’s pretty obvious.”

Richard Jertz October 09, 2012 at 03:41 PM
Kev what is the issue with Treasure Hill taht people have mentioned? Maybe you and the others you mention can tackle that issue and then fix the fence on Concord Street with the blue tarp holding it up.
Robert S. October 10, 2012 at 04:42 AM
Kevin, as I no longer believe the respect of Mr. MacDonald is needed; I have read your article on Union Labor vs. Open Shop and want to point out one major issue with your claim. You live in Massachusetts. This state is and presumably will always be a UNION state. I do not say that this is right or wrong. I also agree that an Open Shop would probably be more cost effective in the long run, but this is not a viable option for a municipality in our state. Maybe this is yet another reason for you to find a new locale. A sub-issue with your article is that, as the article states; ‘Costs are derived from a building model that assumes basic components, using union labor for a 130000 square foot building.’ Does the High School Plan call for such basic components? We, the majority of townspeople of Wilmington, MA, have asked that a new modern high school be constructed. I do not believe that the Reed Construction Data is accounting for this in their analysis. In closing, I would like to say to your blatant lies, ‘…hammering them for $82 million dollars for a 193,443 square foot building’. You will twist any word, document, or, from what I understand, professional title ( Mr. Town Offical) to try and manipulate your cause. This runs up there with some of the best politicians and/or dictators, in history. There are a few that are brought to mind, but I will reserve the right to allow others and yourself to think of your own.
Kevin MacDonald October 11, 2012 at 12:21 AM
Dear Robert S, you apparently are unable to carefully read a link. The reed construction data link clearly shows nonunion and UNION labor. I happen to have chosen the most expensive model using UNION labor which is usually more money. When the proposed school's square footage is multiplied by the most expensive cost per square foot in the models offered it shows a drastic,alarming, and concerning difference in cost. I think this warrants a much closer look into contracts and bids. The people of Wilmington deserve better. The State has a CENTRAL REGISTRY for a reason, maybe, you should check it out and find out why. The model shows a much more expensive way to build. I believe I recall hearing The Town's architect say that the school will be a steel frame with precast concrete slabs. Don't forget the "SIMULATED stone" on the proposed fascade. With regard to your comment about the turf company in the link, You again failed to acknowledge that they wanted to add this line of business to there business offerings but found huge problems. Are you not able to at least concede that these should be carefully looked at by the Town to weigh the negative consequences. Do you really think the Town Officials presented all these facts to the voters? I DON'T!!!!
Mike M October 11, 2012 at 01:18 PM
Kevin, Those numbers also assume you are building the school in 2008. I'm quite confident building materials are not the same cost, nor is the labor as it was 4 years ago. It also assumes no basement. While I don't believe ours is calling for a full basement, there is a subterranean aspect to it, which would certainly add to the cost.
Dana L. February 20, 2013 at 12:28 PM
Let's not dismiss all of Mr. MacDonald's concerns as nonsense. We should all take a close look at what those issues are, before we o.k. anything.

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