New High School Remains in Holding Pattern

The town prepares its response to the Superior Court appeal while deciding what to do about contracts in upcoming weeks.

More than a month after the town received its summons to Superior Court, officials are preparing for the next steps in the process than has delayed construction of a new high school for just over a year so far. According to Town Manager Jeff Hull, the town is working on its response to the complaint filed by abutter Gerry O’Reilly in late November. Originally the town was faced with an earlier deadline for that step, but for various reasons they asked for and received an extension to January 16. Hull said the response, which will be filed jointly by the town and the Attorney General’s office on behalf of the Department of Environmental Protection, tries to make the case as to why the groups do not believe there is merit to O’Reilly’s claim…

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DEP Commissioner Concurs On Appeal Dismissal

Appellants of the high school project now have seven days to ask the commissioner to reconsier, and 30 days to appeal to Superior Court.

Department of Environmental Protection Commissioner Kenneth Kimmell on Tuesday accepted the recommended decision to dismiss both high school appeals, triggering the next period for opposing parties to appeal the school project. Following the ruling, appellants now have seven days to file a motion to reconsider, something that petitioner Kevin MacDonald said the group will do. If Kimmell does not reconsider the dismissal, appellants can file to Superior Court within 30 days of Tuesday’s decision, a likely outcome according to comments from abutter Gerry O'Reilly's attorney. “I think it needs to be reconsidered,” said MacDonald. “We’re going to review the town’s submittals and make sure every possible avenue is exhausted.” Board of Selectmen…

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Steve H

3:20 pm on Thursday, October 25, 2012

Because i don't agree with u, i am not capable of understanding, Kevin do you see a pattern, everybody in the entire state that disagrees with u is wrong. Everthink that you might be wrong. I think the majority in town, and yes i am one of them is very capable of understanding, that one person with a grudge against the town for revoking there right to work is holding the town hostage. Kevin that …   more ›

No Decision Yet On Appeal Dismissal, Hearing Just Weeks Away

The town is hoping for a summary decision while appellants continue preparing expert testimony for an October 25 hearing date.

While town officials hope the current high school appeals are dismissed by a summary decision in upcoming days, both sides continue preparations as the October 25 hearing date rapidly approaches. Hearings Officer Timothy Jones had not ruled by the end of the day Tuesday on the town’s motion for summary decision, according to a Department of Environmental Protection spokesman. It’s possible that his ruling could come by week’s end. Meanwhile, appellant Kevin MacDonald said he has been putting in long hours in preparation for the hearing. He said he and other appealing parties remain optimistic that they will come out on top. “I feel more confident now than ever that our opposition to the project is justified,” said MacDonald. “The town …

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Appeal Report Asks Petitioners to Clarify Concerns, Negotiate with Town

The hearings officer for the high school appeal issued his conference report on Wednesday, one day after the first hearing.

The hearings officer for the high school appeals issued his first set of decisions on Wednesday, laying out deadlines and requirements for the appellants of the project while also opting to combine the appeals into one in an effort to streamline the process. Friday is the first deadline issued in the report, as appellants are required to initiate “good faith settlement discussions” with the town, something they have not previously done according to hearings officer Timothy Jones. The results of those negotiations are to be delivered back to Jones by Friday, August 24. One major piece of the appeal was dismissed by Jones following Tuesday’s meeting. MacDonald and others have long expressed concerns related the Activity and Use Limitation …

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Steve H

7:17 pm on Friday, August 17, 2012

Love to hear his explanation as well, I'm sure it will be a great one   more ›

POLL: Should State Change Appeal Requirements?

Let us know your thoughts on the topic in the comments section and vote in our poll below.

Earlier this week, town officials offered strong opinions on the Massachusetts state laws for appealing construction projects. But we want to know what you think about the system. As currently constructed, the laws allow one abutter or a group of at least 10 residents to stop the construction of a project by filing an appeal and paying a processing fee. Board of Selectmen chairman Mike Newhouse said this allows for stall tactics from residents who oppose plans that were approved by a majority vote. “These regulations need to be significantly revised,” said Newhouse. “It makes no sense to me that 10 residents who need not be registered voters, or even American citizens, only need one member having attended a Conservation Commission meeting …

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Steven McGinley

11:33 am on Saturday, August 11, 2012

I am asking what meetings have you attended? I don't get how you cannot understand such a simple question? Were you at the conservation commission meetings? Have you been to the high school building commission meetings, if so how many ?   more ›

Officials Blast State Laws, MacDonald Defends Appeal

Town Manager Michael Caira calls the appeals process 'illogical,' while appeal spokesman Kevin MacDonald said school issues need to be addressed.

Frustrated with what they believe to be stall tactics against the new Wilmington High School, town officials told Wilmington Patch that Massachusetts laws need a change. The spokesman for one of the latest appeals, however, believes things are fine just the way they are. Town Manager Michael Caira spoke out against the structure of the appeals process, saying it is far too easy for residents to slow down a project that was overwhelmingly supported by Wilmington voters. “The 10-resident appeal is being led by a man who was opposed to building a high school because he felt the one we have is sufficient. The state has allowed him to find a way to work to derail the project,” said Caira. “It’s illogical and poorly conceived by the state, and …

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Wilmington Wildcats

School Appeals Impacting Wildcat Sports Schedule

With artificial turf up in the air, school officials will make a decision next week as to where Wildcat teams will play.

In less than one month, Wilmington High School sports teams will be taking the field for the fall season. But where exactly they'll be taking the field remains to be seen. Before the original appeal was filed earlier this year, school officials planned to have an artificial turf field installed for the start of this season. However, the first 10-resident appeal pushed back those plans. Instead, turf installation was slated to begin during the season to be completed in time for Wilmington to host its Thanksgiving Day battle against rival Tewksbury in November. In that scenario, the football team would have been forced to play home games outside of town while other Wildcat teams would host games in venues around Wilmington. But now that a …

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Rep. Miceli Weighs in on High School Appeals

State Representative James Miceli said the delays are unfortunate, but residents are within their legal rights to appeal.

State Representative James Miceli said he’s been monitoring the appeals process of in Wilmington that has delayed construction on the new high school that was approved by voters in December. Miceli said he backs the construction of a new school, and that while he is disappointed to see the delays, he supports residents’ rights to file the appeals. “You have a process going on right now which to a lot of people might be frustrating,” said Miceli. “This is the process. We can dislike it, but these folks, good or bad, have the legal right to do what they’re doing. I’m not happy about it. It seems to be never ending.” The State Representative said that while he was not a part of what went on behind the scenes in the weeks and months leading up…

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Douglas W. Sears

9:36 pm on Monday, October 8, 2012

Jim -- are you going to give the people of Wilmington the opportunity to hear us debate these and other issues in Wilmington? The word on the street is that you are trying to get out of your invitation by the Wilmington TOWN CRIER to debate me on October 23rd to be broadcast by WCTV? -- Doug   more ›

What Residents Are Saying About the School Appeal

We recap some of the comments posted to the Wilmington Patch Facebook page after high school construction was delayed by another appeal.

Regardless of what side of the debate residents fall on, the new high school plans and subsequent appeals have brought out strong reactions. Many residents have expressed their views on the Wilmington Patch Facebook page, as about 150 comments were posted about the latest appeals on Friday alone. What do you think about the appeals and the project as a whole? Let us know in the comments section or on the Wilmington Patch Facebook and Twitter pages. Here is a recap of what some residents had to say through social media: Mary Downs: I've lived in this town for 50+ years! Mr. O'Reilly is right. We do not need a new High School. It's time we take a step back. We have never been given a complete cost of this school. Meaning - The cost of a new …

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