The town is examining whether its current requirements are too broad and how to make them clearer for property owners and officials.

Carrie Jones

Aug 26, 2026

The Bar Harbor Story is generously sponsored by Coastal Kayaking Tours and Acadia Bike.

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SOUTHWEST HARBOR—According to one local realtor, newspaper articles about Southwest Harbor’s November 2025 soil ordinance has prevented his client from selling her home.

“On one particular listing, we’ve lost three offers because of the newspaper articles … and (I) had to get rid of another property that was under contract because we couldn’t … because of this unintended consequence of this whole thing. So that amounts to somewhere around $20,000 to $30,000 lost. I mean, it’s—there’s, you know, just in fees and and all sorts of stuff,” realtor James “Jim” Gray told the Select Board members, August 25.

The articles were about the town’s soil testing portion of its land use rules, a portion that was changed by a November 2025 Citizens’ Initiative that created soil standards prior to building within a half-mile of DEP-declared uncontrolled sites.

That initiative passed 554-187.

Gray’s comments came during Select Board Vice Chair Natasha Johnson’s request to discuss amending those soil standards. The discussion ended with the board members directing Town Manager Karen Reddersen to consult with attorneys about a few aspects of the changes.

Within Southwest Harbor, the only site currently considered still “uncontrolled” by the state is the Worcester Associates landfill property, which is in between Long Pond and the Marshall Brook Road and began in the 1930s with an open burning dump that was used by the Civilian Conservation Corps (CCC) and then the town. It has polluted ground water in the area.

The soil referendum was motivated by concerns after a subdivision was proposed—and eventually approved—by the Worcester Landfill, which is one of those state-designated sites because of toxins.

Since the ordinance was approved, concerns were raised by Ben “Lee” Worcester, former Code Enforcement Officer Jarrod Kushla, and others that the ordinance applies to all three sites in the town that were once declared uncontrolled, which impacts approximately 860 parcels in the town.

“It’s really important that the timelines are speeded up. I was showing on that property Thursday, and what generally happens is people come in, love the house, love the neighborhood. I live in Salem Towne,” Gray said of an area and road in Southwest Harbor. “A wonderful spot, close to lakes and ponds.”

People love the neighborhood, but are concerned about the proximity to the transfer station and landfill, he said.

“It’s been a wonderful neighbor, if you can call it a dump the neighbor, but the problem is, is that the news, you know. I don’t know who hears from the news at all, but I know Lincoln’s had some stuff to say about everything, and I don’t know if anybody else hears reporting on this, but as soon as people get wind of the articles that have been presented, they back up,” Gray said referencing the Quietside Journal though earlier he referred to newspapers in general.

The Quietside Journal, written by Lincoln Millstein, categorizes itself as “an online journal which chronicles the steady decline in quality of life wrought by unchecked tourism on Mount Desert Island, Maine. The QSJ is written in the traditions of pamphleteers in the late 18th Century and Muckrakers in the early 20th Century.”

According to Gray, articles have cost him multiple offers on the home, which has been for sale, according to Zillow, for approximately two months.

Testing the property for toxic forever chemicals (PFAS) would be expensive, Gray said, reiterating what Worcester and some members of the Southwest Harbor Planning Board have previously stated.

“It’s a real monetary consequence, and the listing that I’m representing, actually today, for the second time, is lost,” Gray said.

Consultant Noel Musson, of The Musson Group, is helping the town work through changes in that portion of the ordinance and stressed that what needs to be understood by the town is what is the objective of that section of the ordinance.

“That’s what we’re working on right now. I think we understand that. And then we can start to narrow it down and actually add standards in the ordinance that are … that would allow you or anybody to be like, okay, this is what I need to get a test for, or Angie as the code officer, whoever the new code officer is going to be at some point, this is how I need to administer this ordinance. Right now,” Musson said. “It’s very vague.”

Musson said that he wasn’t trying to minimize the urgency, but the town needed to take a bit of time to make sure the changes are done well so that the town isn’t back in a difficult spot again.

Craig Kesselheim, speaking via Zoom, said, “This ordinance revision did not come out of nowhere, and it wasn’t an act of stupidity. It was an act of concern for citizen safety and welfare and concern for at least historic inaction on the part of the town of Southwest Harbor and on the part of the DEP and on the part of the landowner.”

Kesselheim said that he was very sympathetic about the realtors impacts and their costs.

“We were concerned about citizen safety and the language was developed in order to ensure that citizens were not harmed in the development of their properties,” he continued.

He was concerned about the ultimate status of the landfill.

Others during the meeting focused on the sale of the property and those consequences.

“So when my clients, when a buyer comes to say, and, and says, well, the dump’s there. And we, at first we were laughing at it. The second time we weren’t laughing as much, the third time, it’s becoming a real problem, and then we’re losing other offers because of kickout (clause),” Gray said. “It’s becoming a real issue.”

“I am the property owner here, then, that I have lost two full price offers on my home because of this, both of which specifically mentioned the news involving this land use ordinance and this ordinance in particular as a reason for them either not placing the offer completely or rescinding the offer,” said Kary Davidson. “It’s also cost me an offer on a house someplace else. So there’s an urgency here. I would like to have a timeline.”

The timing most likely wouldn’t be until January, February, or March for an ordinance change.

“I think it’s fair to say there’s a reason why that Citizens’ Initiative was put forward, and those reasons shouldn’t be lost,” Musson said.

For Planning Board member Michael Levesque the question centered about something else.

“I’m wondering what it’s going to take to make it a controlled site instead of a non-controlled site. What would it take for that to happen?” he asked via Zoom addressing Worcester “What can the town do to help you, Lee, make it a controlled site? Maybe that’s the question we should be asking.”

“At this point, I don’t think they need to at all,” Worcester responded.

“Beg your pardon?” Levesque replied.

“At this point, I don’t think the town needs to at all,” Worcester reiterated.

“Well, I think all the people complaining like the realtor and some of the neighbors would disagree with that. So I would think if any way the town could help, I would hope you would want to take it and move this forward instead of waiting for these long, drawn-out ordinance changes that might or might not work,” Levesque said.

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LINKS TO LEARN MORE

Select Board packet

Maine’s conveyance of real estate disclosure statute

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