HomeMy Public PortalAboutCemetery Rules and Regulations (Updated 2020)1
TOWN OF BREWSTER
CEMETERY RULES AND REGULATIONS
Adopted by the Brewster Cemetery Commission
Original: October 16, 2000
Revised/ karen: 5.24.01, revised/ meg: 6.12.01
Revised/ jillian: 6.24.01, 7.27.01, 8.16.01, 8.27.01, 11.05.01
Revised / kahd: 09.25.03
Revised / kahd: 01.22.04
Revised / kahd: 09.08.08 (green burials)
Revised / kah: 4.5.2010 / section IV
Revised / kah: 7.1.2011 / section V
Revised / dad: 3.7.2012 / section IV
Revised / kah: 5.23.13 / section IV
Revised / kar: 6.12.17
Revised / slp: 1.3.2020
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RULES AND REGULATIONS
TOWN OF BREWSTER CEMETERIES
Table of Contents
I. TOWN CEMETERIES P.3
II. MANAGEMENT P.4
III. QUALIFICATIONS FOR PURCHASE OF
BURIAL RIGHTS IN BURIAL PLOTS P.4
IV. RULES FOR TOWN OF BREWSTER
GREEN BURIAL P.6
V. GENERAL RULES P.7
VI. BURIAL RIGHTS AND BURIAL PLOTS P.9
VII. CARE OF LOTS P.10
VIII. CORRECTIONS OF ERRORS P.10
IX. INTERMENTS P.11
X. PLANTS AND SHRUBS P.12
XI. MONUMENTS P.12
XII. DEFINITIONS P.13
XIII. ENFORCEMENT OF RULES P.15
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RULES AND REGULATIONS
TOWN OF BREWSTER CEMETERIES
The following rules and regulations, adopted by the Town of Brewster Cemetery
Commission on August 16, 2000, and revised on January 3, 2020, shall govern the
operation and Management of all Town Cemeteries, as provided for under
Massachusetts General Laws, Chapter 114.
I. TOWN CEMETERIES
The Town of Brewster maintains and operates both active and inactive (ancient)
cemeteries within the Town boundaries.
• Active cemeteries: Those in which burial plots remain available for issuance
of burial rights to residents and taxpayers of the town.
• Inactive (ancient) cemeteries: Those in which no plots remain available for
licensing assignment.
Active Cemetery
• Brewster Memorial
Inactive Cemeteries
• Pine Grove—open only for burials of previously purchased burial plots.
• Sears
• First Parish/Breakwater/The Ancient Cemetery
• Dillingham
• Red Top
• Lincoln Foster
Burial rights are granted by the Town of Brewster for the sole purpose of int erment
of human remains which is acknowledged by written deed for a fee. Burial rights
terminate ninety-nine (99) years after date of deed issue. If rights are not exercised
within that period of time, all rights revert to the Town of Brewster at that time for
reissue. When necessary to avoid an un-authorized taking, due compensation will
be provided.
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II. MANAGEMENT
Under the administrative direction of the Town Administrator, the DPW
Superintendent and the Cemetery Commission shall have overall responsibility for
the proper management of Town Cemeteries in accordance with these rules and
regulations and applicable federal and state laws. Under the general direction of the
Department of Public Works Superintendent, the Department of Public Works
shall have direct responsibility for the day-to-day administration, operation and
maintenance of Town Cemeteries. As such, the Department of Public Works staff,
under the direction of the Department of Public Works Superintendent, shall be
responsible for the enforcement of these rules and regulations.
Any appeal or request for reconsideration of the application of Cemetery rules,
regulations, policies, procedures or fees should be directed first to the
Superintendent of the Department of Public Works. If satisfaction is not received
appeal may be taken next to the Cemetery Commissioners and finally to the Board
of Selectmen, whose decision in these matters shall be final and binding.
III. QUALIFICATIONS FOR PURCHASE OF BURIAL RIGHTS IN
BURIAL PLOTS
Resident
The term “Resident” is defined as any person who has been included in the most
recent Town of Brewster annual census. The Cemetery Management (Department
of Public Works) therefore requires proof, in writing, of an individual’s principal
domicile at the time of purchase of burial rights in Brewster of not less than one (1)
year, in order to meet this requirement. The residency proof shall be kept as a
record with the deed.
Full-time residents of the Town of Brewster, as defined herein, who wish to
purchase burial rights in burial plots should visit or call the Department of Public
Works administrative office (Cemetery Department) where the Management will
aid them in obtaining a Certificate of Right of Burial after payment is received.
Any full time resident may purchase burial rights to no more than four (4) single
burial plots. Requests for additional spaces must be by petition to the Cemetery
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Commission, or if unsatisfied then to the Board of Selectmen. These regulations
shall not be applied in a manner which would deny any person his or her
constitutional or statutory rights.
Non-Resident Taxpayers
The term “Non-Resident Taxpayer” is defined as any person not meeting the
domicile requirements for determining “Resident” status but has paid real estate
taxes on residential Brewster property for the prior two (2) years. Non-residents
and commercial property taxpayers are not eligible unless they meet the residency
requirements.
Non-resident taxpayers, as defined herein, may purchase up to two (2) single burial
plots. Requests for additional plots must be by petition to the Cemetery
Commissioners. Non-residents do not qualify for purchase of burial rights. These
regulations shall not be applied in a manner which would deny any person his or
her constitutional or statutory rights.
Resident unable to purchase Plot
Should a Brewster resident be unable to afford a burial plot he/she may petition the
Brewster Cemetery Commission for assignment of a no-fee single plot. Upon
approval by the BCC, the Director of the Department Public Works or a designated
representative will assign a burial plot within Brewster Memorial Cemetery.
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IV. RULES FOR TOWN OF BREWSTER GREEN BURIAL
1. The Town of Brewster does not provide interment services at any of the Town
cemeteries. The services of a contractor approved by the Brewster Department
of Public Works (DPW) should be secured for excavation for interment in
Section “C”.
2. A burial vault (partial, inverted, or otherwise), vault lid, concrete box, slab or
partitioned liner should not be used.
3. The deceased should not be embalmed prior to a green burial.
4. A burial container is not required, but if used, it should be a biodegradable one
such as wicker, cardboard, or untreated soft wood, and must be
nontoxic/nonhazardous. If a shroud is used, it mu st be made of natural fibers
like wool, fiber, cloth, cardboard, seagrass, bamboo, wicker, hemp, or paper
maché.
5. Only one full body burial is permitted in each gravesite.
6. The deceased may be brought to the cemetery by a funeral director or the
deceased’s family and friends.
7. If not using the services of a funeral director, arrangements must be made for
a town representative to be present to oversee procedures at the cemetery.
8. The funeral director or family is responsible for arranging for the deceased to
be transferred from the transport vehicle to the burial site, making sure to meet
the necessary strength and mobility standards required for the task.
9. Burial depth will be three and one-half (3½) feet to the bottom of the
container or shroud.
10. Graves will be mounded and allowed to return to their natural state following
burial.
11. The site marker should be a flat natural fieldstone or quarried stone, no larger
than 2 feet by 1 foot and set without a foundation.
12. Natural wreaths and flowers are permitted. No plantings, artificial flowers,
vases, potted plants or other decorations are permitted.
13. Unless a tree is deemed unsafe, unhealthy or contrary to conservation goals,
all live trees will be left in place.
14. Pathways will be mowed.
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15. Pesticides are prohibited from use at burial sites.
V. GENERAL RULES
The Town of Brewster is a political corporation organized and existing under the
laws of the Commonwealth of Massachusetts. The Town of Brewster owns and
operates its municipal cemeteries in accordance with the laws of The
Commonwealth of Massachusetts and the rules and regulations of the Town, and
reserves the right to refuse admission to the cemetery and to refuse the use of any
of the cemetery’s facilities at any time to any person or persons whom the
Management may deem objectionable to the best interest of the cemetery.
1. The cemeteries will be open from dawn to dusk year-round.
2. Employees of the Cemetery Division are not permitted to do any work for the
lot owners except upon order of the Department of Public Works
Superintendent.
3. Persons within the cemeteries shall use only the avenues, roads, walks and
alleys, to the best of their ability, and no one is permitted to walk upon or across
lots or lawns unless it be necessary to do so to gain access to one’s own lot. The
Management expressly disclaims liability for any injury sustained by anyone
entering the cemetery.
4. Persons visiting the cemetery or attending funerals are prohibited from picking
flowers, wild or cultivated, breaking or injuring any tree or plant, or from
writing upon, defacing or injuring any memorials, fences, signs, etc., within the
cemetery grounds.
5. Motor vehicles must be kept under complete control at all times. When meeting
a funeral procession they must stop until the procession passes. They must not
pass a funeral procession going in the same direction. Motor vehicles must not
be left with the engine running and the emergency brakes must be set when the
driver is not in his or her seat. Mufflers must not be opened nor the horn
sounded within the cemetery.
6. The following are prohibited:
A. The driving of motor vehicles through the gates or in the cemetery at
excessive speeds.
B. Driving or parking any vehicle, or animal upon any grave, lot or lawn.
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C. Making a complete or partial reverse turn of any motor vehicle on any road
or driveway within the cemetery.
7. No additional decorations unless specifically noted within the Rules &
Regulations will be permitted. Management reserves the right to remove
momentums, such as boxes, shells, toys, metal designs, ornaments, chairs, vases
and similar articles placed upon plots in the event that they are deemed by the
management to be hazardous, unsightly, or otherwise inappropriate.
8. The Cemetery shall be maintained and used as a place of peace and quiet
reverence for reflection and respect for the deceased.
9. The following activities are prohibited:
A. Loud or boisterous talking.
B. Idling or loafing on the grounds.
C. Picnicking on the cemetery grounds.
D. Peddling or soliciting within the cemetery grounds.
E. Placing of signs or notices of any kind within the cemetery, except by
special authority of the Management or the Board of Selectmen.
F. Firearms are prohibited in the cemetery except by a military escort
accompanying a veteran’s funeral or attending memorial services.
G. Scavenging, foraging and/ or salvaging within the cemeteries of the Town of
Brewster is strictly prohibited. Use of any devices, such as metal detectors or
dowsing devices is also prohibited.
H. Motor biking, roller-blading, skateboarding or other offensive activities are
prohibited.
I. Unregistered motorized vehicles are prohibited from all parts of the
Cemetery.
J. Motor vehicles are required to remain on paved road surfaces, except when
authorized to be on hearse roads for burial funerals or monument
installations.
K. Bicyclists are permitted on paved road surfaces only.
L. Leash laws apply in all areas of the cemetery and animal owners are
responsible for removal of any animal wastes from the premises.
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10. Management will enforce the rules and regulations and see that order is
maintained to protect and promote the best interests of the cemetery. Upon
approval by the Cemetery Commission, Management may make temporary
additional rules, which may be needed, from time to time, to meet
emergencies, which are not covered by these Rules and Regulations.
11. Special cases may arise in which the literal enforcement of a rule may impose
unnecessary hardship. The Cemetery Commission reserves the right to make
exceptions, suspensions, or modifications of any of these Rules and
Regulations, without notice, when in the judgment of the Commission, such
action appears necessary. Such temporary exception, suspension or
modification shall in no way be construed as affecting the general application
of such Rules and Regulations.
12. The Management, with authorization from the Cemetery Commission,
reserves the right to adopt additional Rules and Regulations or to amend, alter
or repeal any rules, regulations, article, section, paragraph or sentence in these
Rules and Regulations, at any time, and without notice.
13. Benches in Brewster Memorial Cemetery must be of solid wood, stone or
marble (no metal with wooden seats). The benches must not be longer than
four feet in length by two feet wide. The benches shall be placed in the
wooded areas of the cemetery and not on the gravesites. Bench placement
must be approved by the Brewster Cemetery Commission. The number of
plots held does not mean a bench can be added to the plot. A small plaque
may be added to the bench with names and dates or poems.
VI. BURIAL RIGHTS AND BURIAL PLOTS
1. Persons desiring to purchase burial rights in a burial plot, who are residents and/
or taxpayers of the Town of Brewster, should visit or call the Department of
Public Works administrative office where the Management will aid them in
making a selection and will issue a Certificate of Right of Burial after payment
is received.
2. No burial plot shall be used for any other purpose than for the burial of human
remains.
3. Management and the Cemetery Commission shall have the right to enlarge,
reduce, subdivide or change the boundaries of a section or sections including
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the right to modify, to change the locations remove or re-grade roads, drives, or
walks, or any part thereof. The right to lay, maintain and operate, or alter or
change pipe lines or gutters for sprinkling, drainage, etc., is also expressly
reserved, as well as the right to use cemetery property not sold to individual
burial rights owners for cemetery purposes, including interment of the dead, or
for anything necessary, incidental or convenient thereto. The Management
reserves to itself and to those lawfully entitled thereto a perpetual right of
passage over plots for the purpose of passing to and from other plots.
4. Descriptions of plots will be in accordance with the Cemetery Division plans,
which are kept on file in the Department of Public Work’s Office and at the
Town Clerk’s Office.
5. The Management will take all reasonable precautions to protect burial rights
and appurtenances within the cemetery from loss or damage; but the
Management disclaims all responsibility for loss or damage from causes beyond
its reasonable control, and, especially, from damage caused by the elements,
natural events or human misbehavior.
6. It is the duty of the burial rights owner to notify the Department of Public
Works of any change in his or her legal mailing address.
VII. CARE OF LOTS
The general care of the cemetery is assumed by the Management and includes the
cutting of the grass at reasonable intervals, and the raking and cleaning of the
grounds, and removal of all unauthorized plantings or appurtenances.
VIII. CORRECTION OF ERRORS
The Management reserves and has the right to correct any errors that may be
caused by the Management in either the transfer or conveyance of burial rights.
These corrections include, but are not limited to, canceling such conveyance or
transfer of rights and (a) substituting, in lieu thereof, rights to other interment
property of equal value and, as far as possible, in similar location (as determine d
by the Management) or (b) at the discretion of the Management, refunding the
amount of money paid for the conveyance or transfer.
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IX. INTERMENTS
1. The cemeteries will open for interments daily dawn to dusk.
2. Caskets may not be opened.
3. A funeral director or a family representative of the deceased must provide the
disposition permit to the management by the time of interment.
4. When an interment is to be made in a lot, the location of such interment shall be
designated by the burial right owner. Should the burial right owner fail or
neglect to make a designation, the Management reserves the right to designate
the location of interment.
5. In addition to being subject to these Rules and Regulations, all interments, dis-
interments, and removals are made subject to the orders and laws of the
properly constituted public authorities.
6. The Management will not be responsible for any order given by telephone or
for any mistake occurring from the want of precise and proper written
instructions as to the particular space, size of grave, and location in a plot where
interment is desired.
7. The Management will not be liable for the issuance of interment permits, nor
for the identity of the person sought to be interred.
8. Excavation for internment and/ or cremation remains shall be provided by a
contractor insured and authorized by the Cemetery Commission.
Minimum Insurance requirements are as follows:
Workers’ Compensation As required by State Statute
Public Liability and Property Damage
Bodily Injury or Death – each person $ 500,000
Bodily Injury or Death – each accident $ 1,000,000
Property Damage – each accident $ 500,000
Property Damage - aggregate $ 1,000,000
Automobile and Truck Liability
Bodily Injury or Death – each person $ 500,000
Bodily Injury or Death – each accident $ 1,000,000
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Property Damage – each accident $ 200,000
Property Damage – aggregate $ 500,000
The insurance certificate should indicate type, amount, class of operation
covered, effective dates and dates of expiration of policies.
9. Casketed earthen burials must be made in hardened grave liners or burial vaults.
Grave liners and burial vaults are not allowed in Area C. See Section IV
RULES FOR TOWN OF BREWSTER GREEN BURIAL.
X. PLANTS AND SHRUBS
1. No planting of any kind will be allowed.
2. There shall be no individual beds of shrubbery or flowers allowed on the
grounds.
3. There shall be no jars, or glass receptacles left on the premises.
4. The Management shall have authority to remove all floral designs, flowers,
weeds, trees, shrubs, plants, or herbage of any kind from the Cemetery as soon
as, in the judgment of the Management, they become unsightly, dangerous,
detrimental, or diseased or when they do not conform to the standard
maintained.
5. The Management shall not be liable for floral pieces, baskets, or frames in
which, or to which, such floral pieces are attached beyond the acceptance of
such floral pieces for cemetery services held in the cemetery.
XI. MONUMENTS
Maximum Monument Sizes Allowed
1 Grave Area 2'0" x 1'0" base, centered at head of lot
2 Grave Area 3'6" x 1'4" base, centered at head of lot.
3 Consecutive Grave Area 4'0" x 1'6" base, centered at head of lot.
4 Consecutive Grave Area 5'0" x 1'8" base, centered at head of lot.
4 Front to Back Grave Area 3'6" x 1'4" base, centered at head of lot.
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Overall height of any monument is not to exceed 60 " from ground surface.
All above ground monuments/markers must conform to size limitations and be
placed at the head of a grave.
In Section “C”, designated as a green burial area, the marker will be a flat natural
fieldstone or quarried stone, no larger than two (2) feet by one (1) foot and set
without a foundation.
Maximum Flush or Flat Monument Size Allowed
Flush or Flat Monuments shall not exceed 2'0" x 1'0" and must be flush and level
in ground.
Maximum number of markers per grave space
The maximum number of markers on any grave, including veteran’s markers, is:
• one (1) upright and two (2) flush or flat markers, or
• four (4) flush or flat markers.
XII. DEFINITIONS
Burial Plot
The term Burial Plot shall apply to a space of 3' 4" width x 10' length to
accommodate one full body casketed earth interment and one cremation or up to
four (4) cremation interments. Containers are not required in Area C. See Section
IV RULES FOR TOWN OF BREWSTER GREEN BURIAL.
Cemetery
The term Cemetery is hereby defined to include a burial area for human remains to
include full-body-casketed and cremated remains. Containers are not required in
Area C. See Section IV RULES FOR TOWN OF BREWSTER GREEN BURIAL .
Cemetery Office
The term Cemetery Office shall mean the Administrative office maintained at the
Department of Public Works.
Certificate of Right of Burial
The term Certificate of Right of Burial shall apply to the original conveyance given
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by the town to the original purchaser. Issued deeds are non-transferable. Right of
Burial may be resold only to the Town of Brewster.
The Town may purchase any unwanted sites for no more than the original purchase
price, as indicated on the original deed. The Town may deduct a reasonable
transaction fee from the re-purchase price in order to compensate for research,
paperwork and/ or recording that may be required to execute the repurchase.
Brewster will buy back the plot in BMC at full price minus the $100 administration
fee.
Cremation Plot
The term Cremation Plot shall apply to a space limited to the permanent
disposition of cremated remains within a burial plot. No more than four (4)
cremated remains shall be interred within a 3' 4" width x 10' plot.
Death Certificate
The term Death certificate refers to a record created when the City or Town Clerk
in the community where the death occurred enters legal and personal information
about the deceased into the Electronic Death Registration System, and releases the
electronic record to the burial agent for review prior to issuance of a disposition
permit.
Disposition Permit
The term Disposition Permit refers to a permit previously known as a “burial
permit,” needed to transport a body and dispose of it by burial, cremation, or
donation to a medical school.
Green Burial
The term “green” burial or natural burial means a method of final disposition with
fewer environmental impacts than traditional burial. A green burial means that the
body is not embalmed, no metal or hard wood are used to make the casket, and no
grave liner or vault is used. The gravesite may have a low profile grave marker or
no marker at all.
Interment
The term Interment shall mean the permanent disposition of the remains of a
deceased person by cremation and burial, or casketed burial in the earth.
Containers are not required in Area C. See Section IV RULES FOR TOWN OF
BREWSTER GREEN BURIAL.
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Lot Marker
The term Lot Marker means a solid concrete, stone, metal, marble, or granite post
(6” x 6” v 24”), installed flush with the ground (flat), used to locate corners of the
lot (a grouping of plots) or a single plot. These markers must be contained within
the lot or plot area and may be engraved.
Monument
The term Monument shall include a tombstone, headstone, bench or other
memorial of granite, marble, slate, natural stone, or stone material, approved by the
Cemetery Commission, which are footed, installed flush on ground (flat) or
installed extending above the surface of the ground no more than 60 ". Monuments
may be faced with engraved, etched, or cast rust-resistant metal, brass, or bronze
plates. See Section IV RULES FOR TOWN OF BREWSTER GREEN BURIAL
regarding monuments in Area C.
Shroud
The term Shroud means a fabric cloth or sheet that is wrapped around the deceased
for burial; often shrouds have a built-in rigid board for carrying, or are carried on a
shrouding board.
Shrouding Board
The term Shrouding Board means a board designed to securely carry a shroud -
wrapped body to the grave; also known as a body board or trundle coffin. The
board may be simple or ornate, and may be buried with the body or removed prior
to interment for re-use.
XIII. ENFORCEMENT OF RULES
The Management is hereby empowered to enforce these Rules and Regulations.
meg 10/16/00
revised/meg: 6/12/01
revised/ Karen: 05/ 24/ 01, 09/ 25/ 03, 01/ 22/ 2004, 9/ 8/ 2008, 4/ 5/ 2010,
7.1.2011, 5/ 23/ 13
revised/ Jillian:6/ 24/ 01;7/ 27/ 01;8/ 16/ 01;11/ 05/ 01
revised/ deb 3.7.12
revised/ Kelly: 6/12/ 17
revised/Sarah: 01/03/2020