Last month, dumpthefairgounds published an article asking a very reasonable question: are the Whitney Apartments at the Fairgrounds real? Whitney Companies has referenced these apartments continuously for months. They claim to have the permits in hand, but since we couldn’t find any evidence of them, we had to leave you with very definitive “probably not, but maybe”. After further research we may be able to update that to “probably not,” but first: a story about the past.

February, 1987

The Leominster City Council held a public hearing on the petition of Peter F. Zichelle, who was requesting a Special Permit to construct a 180 unit residential complex on his property and two adjoining industrial office buildings. His land is located due east of the Mechanic Street Municipal landfill, which at that time was inactive but not “closed”.

Several city departments spoke on the subject of the proposed development: the Economic Development Director requested fewer, more affordable units and phased construction; the Planning Board expressed concern about the housing density; and the Health Department recommended an environmental safety study to gather more information on the pentachlorophenol (a pesticide and wood preservative known to cause several types of cancer, including liver cancers) that was found in significant levels in the property’s groundwater. Follow-up reports on the pentachlorophenol will be linked here if they are located.

The Leominster Department of Public Works emphatically recommended denial, for reasons that today seem very familiar:

1. It would require rezoning what was considered prime industrial land
2. Strain of additional traffic on Mechanic Street — even in 1987, the city had an “extreme traffic problem” in that area
3. The current methane collection system for the landfill was inadequate to handle the volume of methane being generated underground. In 1987, the high volume of methane released by the landfill hovered close to the ground on hot humid days. Methane, which is highly combustible, is odorless in its pure form but easily “picks up” other foul-smelling chemicals and gasses as it circulates through the landfill. This was both a quality-of-life issue and safety hazard for neighbors, and a new system was urgently needed before major building in the area
4. Studies had shown that leachate from the landfill was already entering the groundwater system. Leachate is formed when rainwater percolates through soil and buried material, “leaching” out chemical compounds as it goes. Landfill leachate, especially in municipal and industrial landfills such as Mechanic Street’s, should be considered highly concentrated chemical waste. As Zichelle’s property contained quite a bit of “fill” that would need to be removed, digging could result in a massive leachate contamination of the surrounding groundwater systems. Studies on mitigation strategies would have to be done

For his part, Mr. Zichelle expressed total willingness to get any and all required environmental studies and permits. He clarified that he wasn’t requesting a complete zoning change, but rather just a Special Permit for residential construction in an industrial area. His petition remained tabled until several months later, on May 11, when the Special Permit was granted by the City Council in a vote of 6-3. 

Two weeks earlier, on April 29, the Office of the Building Inspector had denied Zichelle’s request to construct the apartments. When he appealed the decision on May 20, he had the Special Permit in hand and was granted the zoning variance that would allow him to construct dense residential housing in an industrial area, despite the Planning Board voting unanimously to deny it. The variance was granted with the understanding that Zichelle would begin construction on one of two office buildings before a building permit would be issued for the apartments. He further promised that he would “clean up” the landfill on the Mechanic Street fence side. And that was that.

He never built them. The two Crossroads Office buildings that stand today were completed in 1988, and no apartments were built on the property. Why? It’s hard to know. There are many potential complications in a construction project. The important thing is that even though he had the zoning variance and the special permit, he did not build his apartment buildings. He built two office buildings, and today also leases out a few additional buildings on adjoining properties. The 11.6 acre lot that was to contain the apartments no longer exists in its previous shape or size.

February, 2025

38 years have passed since the Special Permit was issued. James Whitney, of Whitney Companies, has just told a room of abutters to the closed Mechanic Street Municipal Landfill that he is working with Peter Zichelle to build 120 apartments in the Crossroads Office Park. He is also introducing a proposal for a combined horse racetrack and “sports bar” development with off-track betting, simulcasting, and mobile sports wagering.

Baystate Racing LLC was offering to build an entirely new road into the area, without which the new apartment traffic would severely strain the already dangerous Mechanic Street. Baystate, for their part, professed their total willingness to get any and all required environmental studies. They would, of course, have to get a zoning variance for residential construction…and livestock… and the engineer says they’re going to “relocate” all the methane vents. There was a benzene exceedance in the groundwater just last September.  Have you ever had déjà vu?

James Whitney says the permits are “in hand,” and that he’s had them “for 30 years”. He repeated many times during the public meeting that the apartments “could be built tomorrow”. The fact that these apartments will be built has been re-stated over and over. It’s been in the newspaper. The Mayor has mentioned it. Baystate calls them “part of the Project”. The Whitney Company has sent out a mailer referencing them. A representative at Whitney Companies claims that they are already permitted–but they will need to be moved. Curious.

As detailed in our previous report, no recent permits have been provided by Whitney or found by investigators. Inquiries to City Hall, the Building Commission, the Planning Board, and the Zoning Board of Appeals were unsuccessful. The area is no longer zoned industrial, but it still isn’t residential. There is now a deed restriction on the abuting landfill and a City easement on Zichelle’s land. There does not appear to be a building permit and the Special Permit from the City is 38 years old.  A real estate developer, especially one who lives and works in Leominster (as Whitney does), would know that a Leominster Special Permit is only good for two years. There has been no Special Permit issued in the last two years. 

Doesn’t that seem strange? 

If these apartments are indeed real, if the permits truly are in hand, they must be produced. The residents of Leominster deserve to see the Special Permit that’s somehow good for 38 years, or any new permits, all of which are public record. Baystate Racing LLC also needs to validate the existence of these apartments, which they claim to be “part of the Project.” If Whitney Companies and Baystate Racing cannot or will not do this, we should definitively say that the Whitney Threat is imaginary– a transparent strong-arm tactic.

Do you have a problem with developers lying to push their projects through? Do you agree that the citizens of Leominster should have an informed say in what happens here? Let your City Councilor know that you demand transparency and the real facts. Who knows–maybe those permits will turn up after all.