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$5M Suit Over Housing Halt

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$5M Suit Over Housing Halt ' • (Htm I GlefobBbure - Wilmington •COPYRIGHT 1981 WILMINGTON NEWS CO. INC. 26TH YEAR - NO. 10 AIL RIGHTS RESERVED WILMINGTON, MASS., MARCH 11, 1981 PUB NO 63b 340 658-2346 34 PAGES $5m suit over housing halt Wilmington's rejection of the would require the Wilmington and insofar as a municipality two proposed housing projects Housing Authority to proceed may lawfully do so, grant last year has promoted the with a comprehensive permit deviations from the building code developer to file a $5 million law (Chapter 774) application. The and make zoning changes to allow suit. The suit covers a wide range suit also seeks to prevent further the development to proceed. of charges, naming a long list of interference with the projects. The WHA then, the suit said, defendants, including the town of In its 18-page complaint, sought and obtained funding Wilmington, the Board of Berkshire Builders gave seven through HUD first for 25 units of Selectmen, the Wilmington counts against the defendants. In low-income family housing and Housing Authority (WHA) and the first count, Berkshire charges then for 80 units of elderly the Concerned Citizens of that the town, the selectmen and housing. In November, 1979, the Wilmington (CCW). the housing authority have denied WHA advertised for proposals, In addition to $2 million in decent housing to low-income and the plaintiff submitted its damages and $3 million in families. proposals for the two projects in punitive damages, the suit also The second count charges that January 1960. seeks action to bring about the the defendants have sought to In March of 1980, the suit said, building of the projects. The suit deprive the plaintiff of its rights the WHA selected the plaintiff's i relative to the construction of the proposal as most acceptable, and projects, with an intent to submitted it to HUD for review discriminate against the potential and concurrence. On June 18, tenants on the basis of race and HUD notified the WHA that it had Haunted national origin. approved the plaintiff's The third count relates to the proposals, subject to certain plaintiff's economic injury, in- conditions. The plaintiff, The Herbert C. Barrows Berkshire, was then notified on Auditorium at Wilmington High cluding funds spent and loss of anticipated profits. June 23, 1980, that it had been School will be haunted this selected as the developer, the suit weekend by members of the The fourth count charges that the CCW by its officers, directors said. senior class. In mid-July, the suit said, the The Senior Class Play, "My and members interfered with the project development. The count selectmen scheduled a special Sing The Wilmington Kiwanis Club held iu annual family night Monday at the Favorite Haunt," will be cites as interference the CCW town meeting for August 25, at Hillview Country Club in North Reading. The entertainment was provided presented on Friday and which the WHA could submit two Saturday evenings at 8 p.m. seeking to recall WHA members, along by a pair of professional*, Joe and Teri, with some help from children, who seeking to have the town take the warrant articles. Teri led in a sing-along. Prom left, Todd McCowan, Greg Greenhow, Aman- Featured in lead roles are Susan On July 22, residents of Gedney, Allen Rongone and project site by eminent domain, da Greenhow, Daneen Martin, and in front, Leah Eisenberg. To the right is persuading the selectmen to with- Wilmington conducted a meeting . Leane Smith. The play is directed at St. Dorothy's Church, at which Kiwanian Ken McCowan. by Mrs. Irene Sharp Brennan. draw their support, seeking to force the WHA to withdraw its time, the suit alleges, various application for a comprehensive selectmen and residents ex- permit. pressed opposition to the projects. Two new candidates as The fifth count charges the The suit alleges that said op- WHA with breach of contract. position was being based on the The sixth count charges that 0. I race, national origin, wealth and selectmen did not cooperate with age of prospective occupants. filing deadline nears the WHA, thus viqlating The suit charges that the cooperative agreements signed selectmen, on August 11, Two new candidates have Other positions on the ballot are by the selectmen in 1977. maliciously, in bad faith and in emerged for Wilmington's town for one seat on the housing The seventh count charges that violation of the cooperation election. authority, two seats on the school the selectmen and the CCW in- agreement, rescinded their ap- Barbara Sullivan of Gunderson committee, and the position of terfered with the contract bet- proval of the August 25 special Road has taken out papers for town moderator. ween the WHA and Berkshire. town meeting, intending thereby selectman, creating an in- Running for housing authority The suit names as defendants to defeat the proposed projects. teresting race of three candidates are Warren Newhouse, Elmer the town, the Board of Selectmen, The WHA then, on Sept. 8, voted for two seats. She will face in- Parker and Vaughn Suprenant. and Wilmington Housing to apply for a comprehensive cumbents Aldo Caira and Rocco School committeemen Philp Authority, plus the Concerned permit. The suit said that the DePasquale on the ballot on April Fenton and James Tighe are both Citicens of Wilmington. The suit application for this permit was 18. candidates for re-election. also names individual members signed on November 3 and filed on The vacant seat on the Bridget Zukas is also a school of the boards and the citizens November 25. Wilmington Redevelopment committee candidate. Moderator group. In the case of the Housing The suit charges that defen- Authority has attracted a can- John Callan is unopposed in the Authority members, they are dants Gorman, Cassidy, Nixon, didate. Jay J. Donovan of Jones election. named only in their official Theodos, Gillis, McLaughlin, Avenue has taken out papers. The filing deadline for capacities. In the case of the Dyas, DeLuca and Mr. and Mrs. Ray McNamara, who now holds nomination papers is Monday, selectmen and the CCW people, McNeill conspired to deprive the seat, decided not to run, and March 16 at 5 p.m. The deadline they are named in their official potential project occupants and until this week, no candidate had for taking out papers was March capacities and as individuals as the plaintiff of equal protection, come forward for the position. 11 well. and equal privileges under the Named as defendants are law. selectmen Robert Cain, Daniel The CCW then petitioned for a Water main to be extended Ballou, Rocco DePasquale, John special town meeting, seeking the recall of WHA members, the suit an appointed Water Extension Imbimbo and Aldo Cairo (sic); Eight petitioners were present Housing Authority members said, and the taking of the land on on March 5 at the Board of Water Committee, which used to assign which the projects were to be $30,000 in work for each year, Barbara Larson, Lorraine Commissioners for a public Brozyna, George Hooper, Kevin built. The town meeting was held hearing for a new water main, to which money would then be voted on December 8. by the town meeting. McMillan, and Melvin Keough; be installed on South Main Street. CCW officers James Gorman, The suit charges that a vast All eight signed the petition. It is somewhat ironic that the majority of the voters at the water extension committee was Robert Cassidy, and Tracy Three others did not make an Nixon; CCW directors Paul special town meeting were appearance. about to recommend south Main Theodos, Daniel Gillis, Edward T. unalterably motivated by a class- The 10 inch water main will Street, the year before the town based prejudice and fear con- voted for betterments in water McLaughlin and George Dyas, start at Eames Street and go and CCW members Anthony cerning federally subsidized low- south to the vicinity of the extensions. The people on south income housing. Main Street, at that time gave up DeLuca, Duncan McNeill and Hampshire Press. The expected Margaret McNeill. The suit charges that Gorman, cost is to be $27 a running foot, to their preferred position for a The suit presents as facts a as president of CCW, presented be paid for by abuttors. water main. The residents of history of the process by which and advocated a warrant article The town has used betterments another street, they felt, had the WHA sought to bring the for recall of elected officials, with Erik Croswell stole the show at Kiwanis fami- for water extensions for the past more need. housing projects to Wilmington, the clear intent and purpose to ly night, Monday evening. Seated on the 25 years. Prior to that there was and an account of how the town intimidate WHA members into Hit of came to vote against such housing withdrawing their support for the loudspeaker, he helped out with the musical comprehensive permit ap- the Show entertainment. Erik is the grandson of Kiwanis Is your garden 'bugged? in the December special town meeting. plication. Vice President Dick Fudge. A course to be presented based on the unique and intricate According to the suit, the The suit charges that Gorman Monday night holds the behavioral patterns of the insects. selectmen in 1977, and again in also presented a warrant article possibility of being one of the Lecturer John Scoggins will 1979 entered into an agreement to take the project site by eminent more interesting, or at least present an illustrated program with the WHA where the WHA domain, with a purpose to thereby unusual subjects ever presented showing how to recognize insects, would seek federal funding for interfere with development and WILMINGTON VOTERS in the Wilmington Community the damage they do, and how to approximately 135 units of construction of the projects.
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