Planning Board Delays Subdivision Near Landfill Decision So It Can Review Documents, Approves Low-Income Apartment Project

Carrie Jones

Sep 04, 2025

The Bar Harbor Story is generously sponsored by Acadia Psychiatry.

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SOUTHWEST HARBOR—With maps spread out over the table and stacks of paper in front of each member, the Southwest Harbor Planning Board got to work, Wednesday, September 2, after a site visit to a proposed subdivision earlier in the afternoon.

However, some papers and information were missing when it came time to do the finding of fact for the proposed Trundy subdivision.

During public comment James Vallette asked if the board members had read certain aspects of the documents, which he said that he sent to the town office and code enforcement officer by the August 26 deadline. That information was not received by the board.

Among the material submitted by Vallette were deed transfers and geology reports and discussion by federally recognized geologists Douglas Rissing and Nicholas Loizeaux, he said. Both men also have homes in the town.

“I think it’s an important thing to have,” said planning board member Charlotte Gill. Other board members eventually agreed and called to continue the agenda item.

The proposed subdivision is owned by Ben “Lee” Worcester. Worcester’s family owns Eastern Maine Recycling, which is a local transfer station. The family also owns the landfill on Long Pond Road, which is being monitored by the Maine Department of Environmental Protection. The subdivision is near both the Eastern Maine Recycling (EMR) facility and the Worcester landfill site. Worcester is the vice chair of the planning board.

Pollution from the landfill has been found in groundwater east and south of the site. The landfill has existed for almost 100 years. It was last used in the 1990s.

Rissing said in his letter, “Pursuing construction on or near it would be reckless without first remediation of the site and implementation of land use controls.”

Planning Board Chair Eric Davis, member John Williams, and Vallette disagreed with what they believed was the DEP’s stance on the project. Member Charlotte Gill said that she’d like to see a transcript of the select board’s meeting because she didn’t quite remember it the way Davis and Williams did.

The DEP representative “did not say that,” Vallette said of the assertion that the DEP would be fine with the project if it was on town water and sewer, which is the proposal. “He said he couldn’t speak on remediation and he’s not an expert in soils. He said that very clearly.”

Though the board continued the matter until September 30, it did a finding of fact on multiple items within the application, but skipped some items until it received the materials.

Approximately, an hour into the meeting, Code Enforcement Officer John Larson brought in the email and all its attachments in hard copy for each planning board member.

“We’ve not been put in charge of being the environmental police,” member John Williams said. “We’ve been put in charge to make sure that the land use ordinance is being applied correctly to the applicant.”

The item was continued until a September 30 meeting and found to meet town’s standards on all items except pollution, erosion, surface water and ground water, which have not yet been discussed at the planning board level.

Three members of the board and eight members of the public attended the site visit. At no time was the property itself used as a waste disposal or dump area, a board member said.

Both planning board members Michael Levesque and Worcester declared a conflict of interest on the EMR final plan for that 12-lot subdivision. Levesque’s home is near to the site.

The planning board scheduled a public hearing for a related citizen’s petition for October 7. That petition calls for soil testing within a half-mile of the property.

The petition will be before the voters in the town, November 4. The select board will also hold a public hearing on the petition, which was signed by more than 120 voters.

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LOW-INCOME YEAR-ROUND HOUSING PROJECT APPROVED

The board approved a housing project by Old Business Coastal Maine General Construction, Inc./Christopher J. Toomey to renovate an existing boat building/storage building.

That renovation will create six apartments in town and boat storage space.

“The boats are only going to go in in the fall and out in the spring,” the applicant’s representative said. ”They are meant to be year-round, low-income housing. The owner can’t guarantee what happens after he passes away.”

One board member said there’s no requirement for the applicant to specify if it’s year-round or seasonal.

The goal would be for the project to be finished by May or June of 2026.

LINKS TO LEARN MORE

Proposed Development Near Worcester Landfill Sparks Petition, November Vote

Carrie Jones

·

Aug 27

Read full story

Planning Board Webpage

To listen to the Meeting

ATTENTION RESIDENTS
The Town Office will be open on Friday, September 5, 2025 9 a.m. – 5 p.m. to collect real estate tax payments

NEW TOWN OFFICE HOURS
Open
Monday – Thursday | 7:30 am – 5:30 pm
Closed
Friday, Saturday & Sunday

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