Board also approves changes at two other properties.

Carrie Jones

Feb 05, 2026

The Bar Harbor Story is generously sponsored by First National Bank.

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SOUTHWEST HARBOR—After months of discussions, a subdivision by an old landfill has been approved by the town’s planning board this week, after the board unanimously accepted the newest soil test on the property by the six-acre Worcester Landfill off the Long Pond Road in Southwest Harbor.

The soil test at the proposed Trundy Farm Subdivision, has found some PFAS (forever chemicals) at one of the test sites. The town’s planning board has approved the subdivision after controversy about whether or not the soil was contaminated and if so, if that contamination would or could impact potential home owners.

“Scientific studies have shown that exposure to some PFAS in the environment may be linked to harmful health effects in humans and animals,” according to the United States Environmental Protection Agency.

They take a long time to break down, which is why the group of chemicals are called “forever.”

The town’s planning board had conditionally approved the 12-lot Trundy Farm Subdivision, September 30, stipulating it needed soil sampling first to make sure that homes weren’t built on soil contaminated by toxic chemicals or heavy metals.

However, initially the board didn’t stipulate the depth of those test sites or explicitly say where those samples should be.

It then received soil sampling results from Haley Ward, Inc., which was hired by Ben “Lee” Worcester, the applicant.

At the December 2 meeting, after board members split on whether to accept a finding of fact over a submitted soil test by Haley Ward, members then proposed to retest the soil in the subdivision at a deeper depth at multiple sites with non-composite results.

Worcester agreed to do so. He is also the planning board’s vice chair. He has recused himself from the planning board discussion, but participated as an applicant. Member Mike Levesque has also stepped down from the conversations and decisions because he lives close by.

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.

Planning board member Priscilla Ksionzyk had said in December, “I just worry that this is going to come back and bite the town of Southwest Harbor in the ass in 20 years.”

Ksionzyk was worried about the environmental impact, and along with member Charlotte Gill, the shallowness of the testing sites, which were six inches deep.

Both women voted in favor, as did the rest of the voting board, on Tuesday, February 3.

After the initial concerns about the original test sites, Haley Ward next performed five six-foot-deep tests Worcester told the board members. Those results were discussed at this week’s meeting.

“They saw no reason to continue with any further investigation,” Worcester said.

“They went above and beyond what our ordinances required,” Ksionzyk said. “I totally accept what has been presented to us and I would gladly sign.”

“We can only operate within our parameters and our role is not to act as a state environmental regulator, or to impose conditions beyond our ordinances allow, but to apply the standards before us, and we wouldn’t have the knowledge that we do now.” Charlotte Gill said. “There is some presence of the forever chemicals.”

That was in test site #2.

The subdivision will not have ground water used for the homes, but will use town water, Worcester has previously said.

In written public comment from James Vallette that was submitted the same afternoon, he worried about the finding. He asked that the Worcester Associates, Haley Ward, and the planning board declare that the parcel is near an uncontrolled site, which has shown hazardous material releases. This was not agreed to during the meeting.

During oral public comment, Vallette asked where the PFAS chemical was coming from since it was found six feet beneath the surface and is not a naturally occurring chemical.

The board chair initially said it wasn’t a question and answer time, which is standard in most town and school board protocols for public comment.

“As the town’s representative to the Acadia Disposal District, it’s my responsibility to ensure the safe and responsible management of municipal solid waste,” Vallette said. “We have uncontrolled waste dump that is adjacent to the ditch right next to it. There’s shallow groundwater, and there’s PFAS now found in the middle of the property to have unknown origin. Where could it possibly be other than groundwater and migration into the soil? How can we get six feet below an undisturbed farmland?”

Vallette has been a vocal opponent to the project, gathering information to support his view, speaking at public comment at select board and planning board meetings, and also as part of a citizens’ petition that requires soil testing near the landfill or any other Maine DEP (Department of Environmental Protection) uncontrolled designated sites.

A citizens’ initiative in Southwest Harbor that called for testing of soil contaminants for any property within a half-mile of anywhere the state has deemed “an uncontrolled site” prior to any land use that requires permitting resoundingly passed 554-187, November 4, 2025.

During the February meeting, Vallette said he believes the test, which was not highlighted in Haley Ward’s subdivision warrants further investigation. He was also worried about a potential roadway going through that site in the future disturbing PFAS as well.

Chris Veazie a senior hydrogeologist at Haley Ward, which did the testing, said the sample was re-extracted for reanalysis. The tests found a PFAS chemical, n-ethyl perfluorooctane sulfonamidoacetic acid. The estimated concentration was 864 parts per trillion (0.864 ng/g).

“The main things, when we’re looking at this analysis of where we cited the 800 and so parts per trillion in the soil sample, that sample was re-extracted for re-analysis, and that sample was also flagged with two quality control qualifiers, both a J flag and an F flag, which indicates that the compound was detected above the method detection limit, but below the laboratory reporting limits,” Veazie said.

The reporting limits is typically a more robust way to say that with confidence that this annulet is likely present in the soil or groundwater at these concentrations, he said.

“As far as the soil samples that we collected at these given locations, you know, I would suspect that, you know, PFAS is not present,” he said. “I want to say that to put everyone at ease.”

“N-EtFOSAA and other perfluorinated chemicals can cause serious health effects, including cancer, endocrine disruption, accelerated puberty, liver and immune system damage, and thyroid changes. These chemicals are persistent in the environment and they accumulate in people,” according to EWG tap water database.

In tap water (This was a soil test.), it is allowed up to 1 ppt.

Via Zoom Craig Kesselheim worried about the potential acceptance of the project.

“We may have data that are more compelling tonight. I’m not totally persuaded, but you as a board, the majority of voting members in previous meetings, were willing to approve this project before you had sufficient data, and I would challenge you to reflect on your politics, your biases, your preferences for doing a neighbor a favor, as opposed to taking care of our town’s health and welfare,” Kesselheim said. “I would hope that’s an important question for you all to reflect on as an entity of this town.”

Vallette said in an emailed comment on Wednesday, “Planning board standards hold that in cases of controversy, it is routine to request assistance from the Maine Department of Environmental Protection. The planning board never made such a request, but improvised a plan to get to this point. They never did get around to testing the part of the property that abuts a ditch that carries toxic pollution from the uncontrolled, uncapped, unfenced Worcester landfill to Marshall Brook. That would be the first place to test, and go from there.”

He also quoted the Maine Municipal Association’s planning board manual, which writes, “Although the board should avoid unreasonable delays in making a decision and should not ‘string the applicant along,’ the board should not feel pressured into making a decision at the first meeting. This is especially true where the meeting has been very emotional because of a controversial proposal. The board should take time to visit the site of the proposed project where that would be helpful. The board should consider seeking technical advice from its regional planning commission, from a State agency (such as the Department of Environmental Protection), or other experts that the board is authorized to consult, and legal advice from the municipality’s lawyer or the legal department at Maine Municipal Association, particularly if the applicant or another party is represented by a lawyer.”

“I should note that the applicant was indeed represented by a lawyer at one of the planning board hearings,” Vallette said. “The planning board never sought outside advice except from Mr. Worcester’s experts.”

In the end, the board unanimously moved that the applicants have met the standards of the land use ordinance as presented. The board also unanimously agreed that by completing the performance standards, the subdivision application has completed the process in whole.

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ACADIA YURTS AND WELLNESS CENTER, YOU AND ME LLC

The board unanimously accepted the plan to divide a lot to separate the yurts from the wellness center for future sale. The property sits off the Seal Cove Road.

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#6 ACADIA PINES

The Acadia Pines changes would allow the owners to construct a third dwelling on an existing lot.

The board confirmed the amendment met all performance standards for sewage (approved based on a professional engineer’s design for a 3-bedroom system (one 750-gallon tank per yurt); parking (for six vehicles, two per yurt); and lot coverage.

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OTHER TOPICS

New Code Enforcement Office Jarrod Kushla presented a January 21 memo about a new sprinkler system and fire safety improvement needs at the Ridge Apartments. The housing authority has been notifying residents periodically throughout the process, he said.

He also presented draft language about a potential future ordinance change that would deal with residential areas as well as the state legislation about improving outdoor lighting.

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