The Deed Restriction: Letter to the Editor

By: Caitlin St. Claire

Filed under: Transparency and Accountability

On April 1, 2025, local new outlets The Sentinel and Enterprise and the Lowell Sun published a letter to the editor authored by dumpthefairgrounds’ own editor, Caitlin St C. This letter briefly explains the deed restriction on the landfill, which is explored in greater detail in another post that you can read here: Risking Lawsuits and Public Trust: Leominster’s Landfill Development Problem. Full text of the letter is reproduced below, and this letter (along with others) is available to read in printed papers and behind a paywall on the Sentinel’s website.

Not included in this letter but relevant nonetheless is the fact that further research has shown the deed restriction is under Article 97, an amendment to the MA constitution which “provides that land […] subject to Art. 97 shall not be used for other purposes or disposed of without a two-thirds roll call vote of the Legislature” [emphasis added] (source: mass.gov). Thus, not only would Baystate Racing LLC and the Whitney Companies have to legally challenge the land’s deed restriction at a local level, but a state legislative one as well.

The more we learn, the more puzzling it becomes that developers are still attempting to move forward with this unpopular, unserious, and legally perilous project.

An inconvenient deed restriction on proposed horse-track land
The capped Mechanic Street municipal landfill is in a desirable location with a lovely view. That’s why Baystate Racing LLC, the Whitney Companies, and the city of Leominster are attempting to develop this 30 acre site into a horse track and casino, complete with major traffic changes and new road construction.

However, the landfill legally cannot be developed as proposed due to the deed restrictions that were required by the state to cap it in the first place. In 1997, Leominster received a grant from the state for $350,000 to be used for capping the closed municipal landfill. As part of the conditions for receiving the grant, the City signed a deed restriction that “declared and dedicated [the Leominster municipal landfill] in perpetuity and exclusively for active and passive recreation and open space purposes.”

In 2012, the statute was amended to add that the capped landfill could also be used in the development of renewable energy. The spirit of the deed restriction is that the landfill must either be used for renewable energy or left generally undeveloped. The conditions of receiving the $350,000 capping grant are very clear: to preserve open space.

Pursuing this development will not only violate the restriction, but violate the trust of the public and their confidence in city officials and the ability of state agencies to protect fragile areas of our community. It would also certainly open up the city to litigation from both the state and conservationists.

Caitlin St. Clair

Leominster, MA
image of the letter to the editor published in the Sentinel. full letter available in Alt text