Judge Upholds DEP Decision on Wilmington High School Construction

One day before the rededication ceremony for the field at Alumni Stadium, town officials received notice that Middlesex Superior Court upheld the state Department of Environmental Protection decision to allow construction of the new Wilmington High School and turf field at Alumni Stadium. 

Construction had been delayed by resident-filed wetland appeals and an appeal filed with DEP by a group of abutters and other residents.

DEP dismissed both appeals of the Wilmington High School project in October of last year, but the project then went to Superior Court after a complaint was filed on behalf of abutter Gerald O'Reilly.

A groundbreaking ceremony for the new high school was held earlier this year.

On Wednesday, Judge Peter Krupp upheld the decision by the Department of Environmental Protection in Middlesex Superior Court, noting that "DEP granted virtually every continuance O'Reilly sought and not only addressed the arguments O'Reilly presented, but added conditions to the project to address even the scientifically unsupported concerns that O'Reilly raised."

Selectman Mike Newhouse, representative to the High School Building Committee, said he was not surprised by the decision, and acknowledged the timing of the decision considering the first Wilmington High School football home game of the year. 

"Since the Conservation Commission's issuance of the order of conditions about a year a half ago, we have consistently expressed how confident we are that the Town would ultimately prevail in this process," Newhouse said.

"It is fitting that the Wilmington Community got this news just one day before celebrating the completion and rededication of Alumni Field, which Mr. O'Reilly and others have tried so hard to stop."

Town Manager Jeff Hull said despite the appeals, the high school project remained on budget.

"In spite of the costs resulting from the appeal, we are currently on budget and are making every effort to complete the project within the budget," Hull said.

Newhouse said he felt students and residents alike were shouldering the burden of the appeals of the high school project.

"Certainly the town has won the case, but Mr. O'Reilly is not the only one who has lost," Newhouse said. "Even in victory we have all lost. In fact, the only winner in this frivolous appeal is Mr. O'Reilly's attorney."

Alumni Stadium is set to be rededicated Thursday at 6:45 p.m. before the Wilmington Wildcats take on the Winchester High School Sachems to kick off their 2013 season.