Town officials state they are just following the law. In August, Bill and Lynn Young received two mailings from town hall informing them the town was alerted they were no longer residents of North Yarmouth. The notice caught the couple by surprise.
Bill grew up in North Yarmouth, having moved here with his parents in 1966 as a child. Lynn is a founding member of Skyline Farm and former school librarian. The Youngs planned to settle into retirement on the property where they raised their family. When a house renovation turned into a rebuild project amid the peak of Covid, the situation became something they never expected.
Town Manager Diane Barnes wrote to the Youngs on August 8, “It has been brought to my attention that we collected excise tax in error on one or more of your vehicles.” Barnes went on to state someone told her the Youngs resided in Cumberland.
Assistant Town Manager Debbie Grover confirmed she had mailed a change of address confirmation card (CACC) to the Youngs. “This is a standard practice when the Voter Registrar has received notice that a registered voter has moved outside of their City/Town to keep the voter registration list current.”
Bill Young agreed to meet to answer questions. In a wide-ranging conversation that touched on growing up and his life in North Yarmouth, Bill shared the events that has left the Youngs living in a house they never intended to be in.
According to Bill, they received the postcard without any explanation. They also were notified their vehicle registrations have been transferred to Cumberland.
Neither Barnes nor Grover responded to questions regarding who alerted the town or what process was followed to verify the information. Additional questions about town policy related to unusual residency situations, such as those impacted by a house fire, being unhoused and statistics, were not answered.
Bill Young confirmed he and his wife are temporarily living in Cumberland. The Youngs stated they demolished their home on Sweetser Road in November 2020. Their original plan was to remodel the 1950s house they had owned since 1985. Discovery of extensive mold and asbestos made that impractical.
Bill “retired” in August 2020, following closing his family’s clambake business. Young’s father started the business in 1969. Due to COVID, staffing and supply issues, it was time to shutter the operation. It was then the Youngs shifted attention to remodel their home.
By September 2020, the Youngs determined a full knock-down of the house was their only option. A costly asbestos abatement was needed, but it was the presence of pervasive black mold that changed everything.
Bill said it would be more costly to attempt to mitigate the black mold, plus there was no guarantee it would be successful. For the Youngs this was more than a financial decision.
Bill shared their adult daughter, Leah, suffers from debilitating chronic Lyme and is under their care. The renovation was intended to make caring for their daughter easier. Leah’s health had been deteriorating, and he attributed it to the presence of black mold.
“We had some real bad black mold issues, really bad. And black mold will affect Lyme,” due to suppressed immune system. “Leah was just, just not, she was just feeling terrible, and awful.” The Youngs felt the risk to their daughter’s health was too great. Bill says it was a decision any parent would have made to help their child.
The Youngs reviewed their finances and felt they could afford to rebuild. Lynn’s father had passed in August 2020, so they decided to put as much to of their belongs into storage. The rest would be boxed and taken to Cumberland.
With COVID, the plan hit a roadblock. Cost of building and material shortages pushed the project out of budget. Labor shortages compounded the problem.
Bill said he had spoken with code enforcement office, so the town knew their intention to rebuild. Property tax bills confirm the town updated the Youngs records and removed the house structure from the assessment in 2021.
Bill has a long history of butting heads with town officials. In 2016, Bill received a settlement from the town related to his dismissal from North Yarmouth Fire and Rescue. Since 2018, he has been a vocal critic of municipal officials at town meetings, and makes regular posts to the community Facebook page sharing his opinion on local issues.
Yet, Bill is suspicious of the timing of the townhall’s actions, asking, “Why now?”
The issue of residency is on the November ballot. A proposed Charter amendment would codify residency requirement for any town board or committee.
In 2021, the Select Board initiated a Charter review. During an open comment period, 11 residents responded. Some form of residency requirement was proposed in one third of the submissions. Comments from Anne Graham included, “A current member of the Budget Committee is not residing in town. This should disqualify this individual.”
Bill was appointed in 2021 to fill a vacancy on the Budget Committee.
Graham stated she is not aware of or involved in the town’s challenge of the Youngs residency. She added she feels strongly that any municipal representative should be a North Yarmouth resident, so supports the proposed Charter amendment.
Having a residency requirement for town officials and committees is not unusual. Surrounding communities include at least a reference to all residents being eligible to serve. If approved, North Yarmouth’s charter amendment would expand the qualification beyond select board, and add the stipulation for any board or committee.
Responsibility maintaining voter information rests solely with the Registrar. Maine statue outlines guidelines and gives flexibility in determining residency. Owning or renting a house is the typical qualification. However, Maine law allows considering “any other objective facts tending to indicate a person's place of residence” and includes provisions addressing temporary leave and intent.
The Youngs own 67 Sweetser Road in North Yarmouth. Split rail fencing surrounds the field where Lynn formerly kept two horses, an Arabian driving pony and a Morgan. Her flower gardens border the barn Bill built in 1989. An open space remains where the original house had stood.
The Youngs find themselves in a circumstance they did not anticipate. Bill said they rushed to get all of their belongings out of their Sweetser Road home. Much of it is now fills a house they assumed to only be in for a few months.
“Our downstairs is packed solid with our furniture and books and our life."
According to the Deputy Secretary State office, there are procedures a town must follow when challenging voter status.
“Maine election law, Title 21-A, section 161(4), provides a process for the Registrar to hold a hearing to determine the qualifications of a voter. This gives the voter due process before the voter’s record is cancelled.”
Written notice of the hearing must be sent to the voter at least 20 days prior to the scheduled hearing. No decision can be made until after the voter is given an opportunity to testify, as well as present witnesses and evidence.
Bill said the only meeting about changing residency was scheduled at his insistence, August 30. He and his wife met with the town manager for less than 10 minutes. According to Young, Registrar Debbie Grover was present but only took notes.
The Registrar has the authority to determine if residency qualifications are met. The Deputy Secretary of State office added, “[T]he Registrars must make that determination within the text of the law, and not through other processes or with additional burdens.”
The Registrar must include in their decision information explaining the right to challenge. Voters may appeal in writing to municipal officers. The decision of municipal officers may be appealed to the Superior Court.
The Youngs do not consider moving into Lynn’s father’s house a long-term solution. “It's just it was just a just a whammy. It just I mean, it just is you know, Leah's living in a little box at the end of this house,” said Bill.
After record lows during Covid, interest rates on a 30-year fixed rate mortgage have jumped nearly 4 basis points since January, with the Federal Reserve announcing another increase this week.
Bill said they are working on updated plans with a goal to begin construction in spring 2023.