Southwest Harbor Appeals Board Says Opponent Lacked Standing to Challenge Trundy Farm Approval.

Carrie Jones

Apr 07, 2026

The Bar Harbor Story is generously sponsored by Paradis Ace Hardware.

---

SOUTHWEST HARBOR—A long-running dispute over a subdivision near an uncontrolled landfill came to an abrupt halt this week when Southwest Harbor’s Appeals Board unanimously dismissed an appeal of the Trundy Farm project, ruling the appellant, James Vallette, lacked standing to bring the case.

However, the board chair told Vallette that he could potentially take the matter to Superior Court.

During the meeting, which lasted just under 90 minutes, the board decided that Vallette did not have standing to bring environmental and process concerns about the 12-lot subdivision’s approval.

The subdivision sparked concern in its months-long approval process before the town’s Planning Board because it is by the six-acre Worcester Landfill off the Long Pond Road in Southwest Harbor. The landfill is considered an uncontrolled site by the state. It had polluted the groundwater. The subdivision will be on town water and not use wells.

During the subdivision’s approval process, the Planning Board received soil sampling results from Haley Ward, Inc., which was hired by Ben “Lee” Worcester, the applicant.

Worcester 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 also stepped down from the conversation 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.

Vallette and others have worried about the subdivision being located close to the site. Vallette has also expressed concern about the Planning Board’s process during its meetings and outside of its noticed meetings.

In order to appeal a matter in town, the Appeals Board has to first decide that an applicant has standing.

At the Appeals Board meeting, Vallette had argued that he did have standing via his position as the town’s representative to the Acadia Disposal District (ADD).

The board decided that the district’s interlocal agreement granted power only to the board as a collective, not to its individual directors.

Vallette and another ADD member attending disagreed. Martha B. Higgins, Trenton’s ADD representative supported Vallette during the discussion.

“I’m acting in the interest of the people of Southwest Harbor in this environment. And I’m the only one to do it. I’m the only one with that responsibility in the town or in the district,” Vallette said. “I have that sole responsibility to advocate for our town, for the environmentally sound management of waste, because you see what happens when we’re not involved. They start trying to put all the dumps here.”

Much of the board discussion focused on Vallette’s standing because he is not an abutter. Vallette argued that the ADD’s agreement with the town of Southwest Harbor gives each director “general management” responsibility. That, he said, gives him the authority to protect the town’s interests.

“You do appreciate that it’s a bit of a gray area for us to sort of figure this out,” Appeals Board Chair John Izenour said.

“I do appreciate that,” Vallette said.

“The Appeals Board may not be the vector by which relief you’re seeking is available,” Izenour said.

The board members asked Higgins if she thought that Vallette could bring the matter to the board.

“I think he’s right. Every director answers to their own town, and every director, to my way of thinking, has authority to make decisions for their town,” Higgins said.

Izenour said he didn’t have representation from the town saying that is true and that the district empowers each representative that way.

Much of Vallette’s testimony focused on a 40-year history of the Worcester Associates Landfill that the subdivision abuts. The landfill, which closed in 1996, is considered by the state’s Department of Environmental Protection to be an uncontrolled site with groundwater contamination.

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 was also as part of a citizens’ petition.

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

Those rules are currently being revised by the town. Those rule changes will have to go before voters again before the new rules are enacted.

“For decades, people along Long Pond and Marshall Brook roads have faced the consequences of these practices. Families moved in without knowing it was there, and that it is an uncontrolled site. There are no fences or signs warning them that the federal government considers this to be a badly contaminated site. People are building new homes or moving into old ones around the landfill because the properties are relatively affordable, it is a quiet, beautiful area, most of the time, and they have no idea about how much the old landfill and transfer station intrude upon daily life,” Vallette wrote in his opening statements. “Families like the Hess family who live close by the transfer station. Their two very young children can’t even go outside and play because seagulls from the transfer station drop so much waste into their yard. Families like those who moved single-wides into small lots on Marshall Brook Road in the late 1990s, and soon found that their drinking waste (sic: water) was loaded with landfill contaminants.”

“The town has failed our families for too long, and our residents know it. That’s why, in the last four years, Southwest Harbor has rejoined the Acadia Disposal District, established a Solid Waste Task Force and Committee, enacted a first-ever Solid Waste Ordinance, and re-negotiated our contract with E.M.R. on better terms. And a few months ago, voters approved an amendment to the soil ordinance. Each of these actions have received the support of more than 75% of our town’s voting residents,” Vallette said.

Vallette believes that the Planning Board ignored evidence of a recent DEP inspection that he said showed EMR violations such as open doors at the site, which is an area trash collection site. He also said the Planning Board cited a DEP memo that he says does not exist to justify its approval. He also said that a negative easement on the subdivision prohibits well drilling. This, he said, prevents future independent testing for contaminations.

“This is part of a long-term formula that is specifically designed to disempower our town from taking control over those properties,” Vallette said.

“Jim, if that’s true, why isn’t the town signing on to this? And why isn’t the district signing on to this. So why are you the only person who has done this?” Appeals Board member James Geary asked.

“Because of the information the town received, which was nothing. They were not informed of this application,” Vallette said.

“Well, they have it now,” Geary said.

“It’s too late. Too late.”

“Why is it too late?” Izenour asked.

“It’s after the appeals time,” Vallette said.

There is only a certain window of time where a Planning Board approval can be appealed before the town board.

The town’s position as an abutter came into question late into the process and it had sought legal advice about whether to be involved.

Vallette also said that there was a conflict of interest because the subdivision applicant’s attorney, Jonathan A. Pottle, also represents the Municipal Review Committee, another quasi-municipal entity. Southwest Harbor is a member of that committee. He also mentioned Hayley Ward and attorney Tim Woodcock in his statements, questioning aspects of their involvement.

The board decided this was not relevant to the question of standing.

And so, unless the matter moves on to court, the argument over the Trundy Farm Subdivision ended not with a verdict on groundwater or gulls or old landfills in the woods, but with a quieter, more procedural discussion: who gets to speak, and when.

---

LINKS TO LEARN MORE

SW Harbor Board of Appeals web page

Acadia Disposal District Board of Directors

---

HELP SUPPORT THE BAR HARBOR STORY

When we started The Bar Harbor Story, we didn’t know if anyone would read it. But you showed up. You shared. You sent tips. Now—over 400,000 views every month later—it’s clear: people here care about their community and each other.

We’ve kept everything free because news should never be out of reach, but every one of our stories takes time to write, and your support keeps The Bar Harbor Story going.

If you value our work, please consider a paid subscription, a founding membership, or a sponsorship.

It truly helps us cover one more meeting, tell one more story, shine one more light.

Even $5 a month makes a difference. Click here to become a one-time supporter now.

Thank you so much for being here.

Founding member information can be found here.

Have questions about sponsorships? Just send Shaun an email at sfarrar86@gmail.com, he’d love to hear from you.