Town Estimates School Appeals Cost $1.75 Million to Date

The Board of Selectmen opted to move forward with the bid process on January 24 following a vote on Monday night.

For the first time during the appeals process, the Board of Selectmen quantified the impact of the appeals process. Selectmen discussed at Monday’s meeting whether or not to go forward with the bid process for work on the high school despite the school currently before Superior Court. Chairman Mike Newhouse said that when trade bids are unsealed after they come in by January 24, the town is estimating there will be an additional $1,755,000 that is attributed to the appeals. He added that the last six months will prove to be especially costly, counting for about $1,060,000 alone and the numbers will continue to climb the longer the town waits. “In round numbers, we are expecting that if we put off the work that we contemplate, it’s likely …

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Student X

3:38 pm on Wednesday, January 16, 2013

Even if they've allowed taxpayers to be gouged out of hundreds of thousands, you've gouged taxpayers out of millions, Mr. MacDonald. Just saying.   more ›

Town Officials Prepare to Move Forward With Gym Demolition

Town and school officials discuss the decision to begin work at the school, and what impact it'll have.

Though the appeal of the high school project remains at Superior Court, Wilmington officials are preparing for a major first step towards making the project a reality as Superintendent of Schools Joanne Benton announced Wednesday the gymnasium will be demolished in February. Board of Selectmen chairman Mike Newhouse said he and his fellow selectmen will discuss the gym demolition in executive session during Monday’s meeting. Once regular business begins, members will then hold a public discussion and a vote that would mean the town is officially going forward with the demolition. “The ultimate goal is to deliver what the residents have appropriated the money for and have supported,” said Newhouse. “And that’s to have a completed state of …

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UPDATED: Superior Court Deadline Just Over One Week Away

Appellant Kevin MacDonald did not comment on whether or not he has filed to take his appeal to the next level.

Updated at 3:20 p.m.: Board of Selectmen chairman Mike Newhouse confirmed on Wednesday afternoon that as of today, no appeal to Superior Court has been filed with just over one week remaining until the deadline. Newhouse said the town is continuing its efforts to prepare the project to be ready to continue as soon as possible in the event that no appeal is filed. "Based on the fact that no appeal to Superior Court has been filed as of this date, the Town is moving forward with plans for the construction of the new high school," said Newhouse. "Specifically, in accordance with the Final Order of Conditions issued by DEP, the Construction Manager has scheduled a pre-construction meeting with Mass DEP for early December, and the Town’s design…

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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 …

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Matt Schooley

4:20 pm on Saturday, November 3, 2012

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   more ›

WHS Abutter's Attorney: 'That's Why We Have Superior Court'

The appeals process for the new high school appears to be far from over with the possibility of Superior Court looming.

The battle over the new Wilmington High School appears to be far from over. Department of Environmental Protection Hearings Officer Tim Jones released the report on his decision to dismiss both school appeals on Friday, the attorney for abutter Gerry O’Reilly indicated that his client will likely be willing to continue his appeal to the next level. “That’s why we have Superior Court,” said attorney Jeffrey S. Baker, when read a paragraph summarizing the report that claims the petitioners failed to raise factual issues in their appeal. “I have nothing else to say other than that.” According to Jones, the appeals were dismissed for a host of reasons. He said in his report that evidence was filed late by the appellants and many of the issues …

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DEP Dismisses Both Wilmington High School Appeals

Hearings Officer Tim Jones allowed the town's motion to dismiss and in turn cancelled the scheduled filing dates and the October 25 hearing date.

For the latest information on this and other breaking news stories, check back with Wilmington Patch and follow us on Twitter and Facebook. Department of Environmental Protection hearings officer Timothy Jones allowed the town’s motion to dismiss both appeals of the Wilmington High School project, ending the latest effort by residents to stop construction of the new school. Jones made the ruling in a document sent to the involved parties dated Thursday, October 4. “The Motion to Dismiss and Motion for Summary Decision are both allowed,” said Jones. “All pending deadlines are vacated and the adjudicatory hearing is cancelled. By October 12, 2012, I will issue a recommended final decision that explains in detail the basis for this ruling and…

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You Ask... Patch Answers

Could High School Construction Begin Despite Appeals?

If you have a question for You Ask...Patch Answers, e-mail matthew.schooley@patch.com.

It’s possible that the town could opt to begin construction work at the high school site despite a pair of appeals that currently have halted the project for the time being. But would the town take that step?  One Patch reader wants to know if construction could begin sooner rather than later, though the answer isn’t completely clear as of right now. “I wish to clarify an issue discussed at the pre-screening/pre-hearing conference,” Hearing Officer Timothy Jones wrote in a letter to involved parties earlier this month. “The Town queried whether it could commence work on aspects of the project that were located outside of wetland resource areas and buffer zones…I find no reason why such work cannot commence, assuming no work is performed …

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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 ›

Appeals Report Possible Today Following Tuesday's Hearing

A DEP hearings officer could lay out the issues that will be discussed and the timeline moving forward for the high school appeal as early as Wednesday.

All involved parties in the Wilmington High School appeals spent about three hours in the same room on Tuesday discussing what issues will be debated during the adjudication process. During a pre-screening conference at the Massachusetts Department of Environmental Protection’s Wilmington office, each side made their case in front of hearings officer Timothy Jones, who will issue a conference report as early as Wednesday. That report is the next important step in the process as it will lay out which issues will be discussed moving forward and will also lay out a timeline for the appeals. “I think the meeting went as expected,” said Board of Selectmen chairman Mike Newhouse. “I thought the hearings officer was thorough in obtaining what …

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Matt Schooley

6:39 pm on Wednesday, August 15, 2012

I will have a full story Thursday morning on the conference report, but in short as of right now that information about construction isn't completely true. The hearings officer issued no ruling about the town beginning construction, and the town would have to file to the DEP if they want to attempt to do so during the appeal. And to answer your final question, no construction has begun on the …   more ›