[HISTORY: Adopted by the Town Manager of
the Town of Barnstable 4-20-2016.[1] Amendments noted where applicable.]
[1]
Editor's Note: These regulations superseded former Ch. 402,
Cemeteries, adopted by the Town Manager 6-2-1997.
The Town of Barnstable maintains and operates 14 active and
inactive cemeteries and one 96-niche columbarium. Active cemeteries
are those in which burial lots and niches are available for licensing
assignment to residents of the Town. Inactive cemeteries are those
in which no lots remain available for licensing assignment.
A.
Active columbarium: Mosswood Cemetery, 280 Putnam Avenue, Cotuit.
B.
Active cemeteries:
|
Name
|
Address
| |
|---|---|---|
|
Beechwood Cemetery
|
1705 Falmouth Road/ Route 28 Centerville
| |
|
Crocker Park Cemetery
|
9 Pine Street, West Barnstable
| |
|
Cummaquid Cemetery
|
1460 Mary Dunn Road, Barnstable
| |
|
Lothrop Hill Cemetery
|
2801 Main Street/ Route 6A, Barnstable
| |
|
Marstons Mills Cemetery
|
437 Route 149, Marstons Mills
| |
|
Mosswood Cemetery
|
280 Putnam Avenue, Cotuit
| |
|
Oak Neck Cemetery
|
230 Oak Neck Road, Hyannis
|
C.
Inactive cemeteries:
|
Name
|
Address
| |
|---|---|---|
|
Centerville-Ancient Cemetery
|
61 Phinney's Lane, Centerville
| |
|
Cobb Hill Cemetery
|
Millway, Barnstable
| |
|
Hillside Cemetery
|
Old Mill Road, Osterville
| |
|
Hyannis-Ancient Cemetery
|
509 South Street, Hyannis
| |
|
Oak Grove Cemetery
|
230 Sea Street, Hyannis
| |
|
Old West Barnstable Cemetery
|
Corner of Route 149 and 6A, West Barnstable
| |
|
Sandy Street Cemetery
|
Route 6A, West Barnstable
|
A.
Under the administrative direction of the Town Manager, the Director
of the Department of Public Works (DPW) shall have overall responsibility
for the proper management of Town cemeteries and columbaria, in accordance
with these rules and regulations and applicable federal and state
laws.
B.
Under the general direction of the Supervisor, DPW Structures and
Grounds Division, the Foreman of the Cemeteries shall have direct
responsibility for the day-to-day administration, operation and maintenance
of Town cemeteries and columbaria. As such, the cemeteries' staff,
under the direction of the Foreman, shall be responsible for the administration
and enforcement of these rules and regulations.
The Cemetery Office, located at Mosswood Cemetery, 280 Putnam
Avenue, Cotuit, on the west side of Putnam Avenue, Cotuit, is open
weekdays from 7:00 a.m. to 12:00 noon and 12:30 p.m. to 3:30 p.m.
It is closed all day on Saturdays, Sundays and the following holidays:
|
New Year's Day
|
|
Martin Luther King Day
|
|
President's Day
|
|
Patriot's Day
|
|
Memorial Day
|
|
July 4th
|
|
Labor Day
|
|
Columbus Day
|
|
Veterans Day
|
|
Thanksgiving and day after
|
|
Christmas Eve day (11:00 a.m. to 3:30 p.m.)
|
|
Christmas
|
Persons seeking information and/or services covered by these
rules and regulations shall be guided by the hours of operation specified
for the Cemetery Office. Except where special arrangements are made
at least 48 hours in advance through the Cemeteries Foreman, no services
shall be provided beyond normal working hours or on Saturdays, Sundays
or holidays.
Town cemeteries and columbaria are open to visitors and the
public seven days a week throughout the year, typically from sunup
to sundown daily. Visitors are requested to bear in mind that the
cemeteries and columbaria are consecrated to the memories of those
who are buried within. Dignified behavior shall be required at all
times.
A.
Vehicles shall proceed cautiously, but at no time shall they exceed
15 miles per hour in any Town cemetery. Violators shall be subject
to a speeding fine.
B.
Use of any cemetery driveway or cart path as a thoroughfare shall
be prohibited.
C.
Parking is limited to driveways only.
D.
Bicycling, horseback riding, motorcycling, skateboarding, or any
other type of recreational sport or similar activity shall be prohibited.
E.
Children under 14 are not permitted within cemeteries for any reason
except when accompanied by a parent or guardian.
F.
The disposal of flowers and other debris is prohibited except in
receptacles provided by the DPW.
G.
Domestic animals of any type shall not be permitted in the cemeteries,
except certified animals assisting persons with disabilities.
H.
No grading, seeding, mowing or fertilizing shall be allowed other
than by authorized DPW personnel.
I.
No sod or ground shall be broken without specific authorization of
the Cemeteries Foreman.
J.
No flower boxes or fences, curbing, hedges, trees, shrubs or any
other similar type of in-ground or aboveground planting shall be placed
around or planted upon any columbarium, niche, grave or lot in a Town
cemetery.
K.
For safety concerns of our workers and our cemetery visitors, the
following are not permitted at any time:
(1)
Metal stands and hooks (including shepherd hooks and other metal
rods)
(2)
Glass; ceramics.
(3)
Any kind of lighting (vigil, solar, digital, etc.).
(4)
Wind chimes; balloons.
(5)
Signs/banners.
(6)
Statues (unless part of an approved monument).
(7)
Toys, pin wheels and stuffed animals.
(8)
No drilling or mounting any items on trees.
(9)
Other inappropriate items.
L.
No crushed stone or bark shall be placed around monuments, markers
or cremation garden.
M.
Ornaments of any type are prohibited.
N.
Cremation garden and columbarium. No ornamentation, structural change,
or addition shall be made on or about any niche, and the Town of Barnstable
reserves the right to remove any such ornamentation or correct any
such alteration at the expense of the purchaser without being deemed
guilty of any manner of trespass.
A.
No decorative items of any kind are allowed on any columbarium or
niche. The following rules and regulations apply to decorative items
in all other cemetery areas:
(1)
Ground-level cemetery flower planters shall be permitted from April
15 to October 15.
(2)
Flowers in heavy movable planters with a maximum of 12 inches in
diameter shall be permitted, or a movable window box not to exceed
18 inches. Planters must sit freely on the ground with no wires, rods
or clamps holding them in place. Plant stands of any kind are not
permitted.
(3)
Natural wreaths and Christmas greens shall be allowed from December
1 to February 1. Christmas lights are not permitted.
(4)
Artificial flowers properly secured shall be allowed from November
1 to April 15.
(5)
Donated plant material will be allowed in designated memorial planting
areas where available and upon approval of the Cemetery Foreman.
(6)
Veterans' flags.
(a)
Except for that portion of Mosswood Cemetery west of Putnam
Avenue, Cotuit, veterans' flags and holders shall be allowed throughout
the year, provided they are installed flush with the front base of
the grave monument and maintained in proper, presentable condition
by the installer.
(b)
Veterans' flags and holders shall be allowed in that portion
of Mosswood Cemetery west of Putnam Avenue during the period one week
preceding and following Veterans Day and during the weeks preceding
and following Memorial Day and the Fourth of July. Flags and holders
must be installed at the back edge of the flush marker and maintained
in proper, presentable condition by the installer.
(7)
In the event of a strong storm, hurricane or blizzard all items on
grave spaces should be removed or will be removed during storm cleanup
by cemetery staff.
(8)
All items subject to restricted dates shall be removed by the lot
owner or responsible organization on or before the specified removal
date. Flags not removed on the specified date, and those which become
faded, frayed or torn shall be removed and disposed of by the cemeteries'
staff. Flag holders shall also be removed at the time the flag is
removed and disposed of if not claimed within 60 days. Other items
shall be removed by the cemeteries' staff if, in their judgment, they
have become wilted, decayed or unsightly.
(9)
Funeral floral arrangements shall be removed by cemeteries' staff
seven days following their placement. Lot owners wishing to keep any
part or all of the floral arrangement should retrieve them within
the seven-day period.
B.
Decorative items not complying with the above rules will be removed
and disposed.
C.
The Town is not responsible for loss or damage to flowers, planters,
flags, containers, holders or other decorative items due to weather,
vandalism, theft, maintenance procedures or any other cause.
A.
Cemeteries' staff, and such other DPW employees as may be authorized
by the DPW Director or Supervisor, Structures and Grounds Division,
shall have the right to enter upon any columbarium, lot or other part
of any Town-maintained cemetery to inspect, view or perform such work
as may be deemed appropriate.
B.
The DPW may, at any time, lay out, alter or change grades or eliminate
sections of driveways, cartways or walkways, or change grades in a
manner which in its opinion will maximize the appropriate usage of
the cemetery property without jeopardizing its aesthetic qualities.
C.
Niche repairs or gravestone repairs or rubbings shall be prohibited
without the specific authorization of the Cemeteries Foreman or his
representative.
D.
The Town shall reserve to itself the exclusive control, without further
recourse or notice, over every tree, shrub, vine, or other plant growth
within the boundaries of all Town cemeteries, whether having been
planted previous to these rules and regulations, by deed, or otherwise,
including the right of removal without notice, when it considers such
removal necessary.
A.
Subject to the availability of space, persons who have been bona
fide residents of the Town of Barnstable for a period of two years
or more are entitled to be issued a deed to a burial lot in an active
cemetery or niche in a columbarium. Additionally, nonresident taxpayers
and residents with less than two years' residency may be issued a
deed to a burial lot or niche in Mosswood Cemetery only at 150% of
the total fee currently in effect for residents with two or more years'
residency. No association, group or organization shall be issued a
deed.
B.
Lots larger than four graves or two niches, when available, may be
deeded by special arrangement through application to the Town Manager.
Price lists for deeds are available at the Town Manager's office or
the Cemetery Office.
C.
Application for right of burial or niche inurement deed shall be
obtained from the Town Manager's office, 367 Main Street, Town Hall,
Hyannis, 02601 or from the Cemetery Office, 280 Putnam Avenue, Cotuit,
MA 02635. Residency shall be verified based on the Town Clerk's List
of Persons and Voter Registration List at the time of application.
Nonresident taxpayers must present a current real estate tax bill
at the time of application.
D.
Town-maintained cemeteries are nondenominational, and all burial
lots are available to qualified Town residents regardless of religious
affiliation.
E.
The right granted to the grantee of any lot, grave or niche is a
sole and exclusive right of burial or inurnment of human remains and
of the erection of monuments, markers or inscription of niche door,
subject to the terms, conditions and regulations as they may exist
from time to time. Deeds are not transferable. Arrangements shall
be made with the Town Manager's office should a grantee wish to relinquish
his or her rights to one or more graves or niches. Compensation shall
be no greater than the total of the fees paid at the time the deed
was issued.
A.
Deed fee. A deed fee, based on the number of graves or niches contained
in a burial lot or columbarium, shall be paid at the time of the deed
application.
B.
C.
Administrative fee. An administrative fee shall be charged for all
interments and inurnments and shall be performed by cemeteries' staff.
The administrative fee shall be charged at the time of service.
D.
Marker, monument, foundation and niche door installation fee. This
fee shall be paid at the time arrangements are made with the Cemeteries
Foreman for the installation.
E.
Fee schedule. The current schedule covering the deed fee, perpetual
fee, administrative fee, grave or niche-opening fee and installation
of monuments and markers may be obtained from either the Town Manager's
office or the Cemetery Office during regular business hours.
A.
All interments or inurnments and disinterments or disinurnments are
made subject to the orders and laws of the properly constituted authorities
of the Town, county and state.
B.
Forty-eight hours' notice shall be provided to the Cemeteries Foreman
when making arrangements for interments or inurnments. Sunday and
holiday services shall not be permitted except in cases where an extreme
hardship would result.
C.
Interment or inurnment orders must be placed before 12:00 noon on
the Saturday preceding a Monday burial or entombment. Orders received
after 12:00 noon on Saturday shall be scheduled no earlier than the
following Tuesday.
D.
Disinterments or disinurnments shall not be made without the written
consent of the Town Manager and the written authorization of the person(s)
entitled by law to disinter or disinurn the remains.
E.
The Cemeteries Foreman shall have the right to refuse a funeral when,
in his best judgment, conditions within the cemetery make the burial
unsafe and/or impossible.
F.
All burials or inurnments shall be performed in coordination with
and under the general direction of the Cemeteries Foreman.
G.
The number of burials allowed in one casket grave are one casket
burial and two cremations or three cremations and no casket.
H.
The designated cremation lots may contain no more than two burial
containers or urns.
I.
In the columbarium, each niche can hold two standard-size cremation
urns not to exceed nine inches by 10 inches. The urns must be of a
material suitable for inurnment (no cardboard).
J.
Only single-depth casket burials shall be allowed.
K.
No interments or inurnments shall be made until the Cemeteries Foreman
has been furnished with a burial permit or cremation certificate,
as required by laws of the commonwealth, and an interment or inurnment
order which has been signed by the owner or legal representative of
the lot or niche.
L.
No grave or niche shall be opened by any person not so authorized
by the Town of Barnstable. Each grave or niche shall be marked by
the cemeteries' staff prior to the opening. All interments or inurnments
and disinterments or disinurnments shall be made by cemeteries' staff.
[Added 6-26-2023]
These green burial regulations shall apply to one of the cemeteries
in the Town of Barnstable, Mosswood Cemetery. Mosswood Cemetery has
an exclusive section for green burials only. Its practices and policies
conform to the guidelines set forth by the Green Burial Council, which
regulates green burial standards for natural cemeteries in the United
States. All current Town of Barnstable Ordinances, rules and regulation
apply, in addition to the following for green burial regulations.
A.
Burial containers. The Town of Barnstable requires the use of ridged
caskets made of wood or wicker for all natural burials. Wooden caskets
must be free of toxic materials; they should be held together with
wooden dowels and nontoxic glues. Caskets made of wicker, bamboo and
other natural materials must be free of toxic paints and varnishes.
Handmade caskets should have similar dimensions as those of a standard
size casket, approximately 24 to 28 inches in width and 79 to 84 inches
in length. If an oversized casket is required, please notify the Cemetery
Office to ensure that the grave can be expanded to the casket's
dimensions. The structural integrity of the casket must provide for
appropriate handling of the body throughout the burial process. Shrouded
bodies are permitted, but must be enclosed in a biodegradable casket.
B.
Scheduling the burial. Cemetery staff will assist with the scheduling
of the burial. In general, funerals must be scheduled 48 hours in
advance, where possible, by contacting the cemetery office.
C.
Transporting the body. Town of Barnstable Cemetery requires that
the deceased be transported by a licensed funeral director, and proper
transportation papers must accompany the deceased; if not, the service
will be postponed. Mosswood Cemetery staff will lead the procession
from entrance to the grave site.
D.
Moving the body to the grave.
(1)
Pall bearers, typically family, friends and funeral home personnel,
will transfer the casket from the vehicle to a funeral wagon (family
and friends may escort the body alongside the wagon as it rolls) or
may carry the casket to the lowering device. Mosswood staff will assist
in the transfer of the body to the lowering device which has been
placed over the open grave. For safety, cemetery staff will operate
the lowering device at the grave. This device ensures a gentle lowering
into the grave. It is a quiet, mechanical device that lowers a body
using canvas straps.
(2)
If requested, Mosswood will provide soil and shovels for families
to symbolically participate in the burial of the casket. Cemetery
staff will complete the closing of the grave using mechanical equipment
after the family departs.
E.
Flowers. Families may place fresh flowers in the grave after the
body has been lowered. Funeral floral arrangements shall be removed
by cemetery staff seven days following their placement. Lot owners
wishing to keep any part or all of the floral arrangement should retrieve
them within the seven-day period. Flowers in artificial containers,
as well as artificial floral pieces of any type are prohibited.
F.
Memorialization. A natural stone marker no larger than 12 inches
by 12 inches engraved with the name of the deceased, birth date and
death date may be placed at the foot end of the grave flush with the
ground.
G.
Rules and regulations.
(1)
Green burials shall be located in designated sections of the cemetery.
(2)
Green burials are to be coordinated through a licensed funeral home,
and the deceased shall be transported to the cemetery by a licensed
funeral director. The deceased shall be kept cool until burial by
a licensed funeral director until the time of burial.
(3)
Caskets are required and must be made from naturally biodegradable
materials that have been previously approved by the Green Burial Council.
(4)
Hardwood caskets, metal caskets, or caskets that have been stained
or finished are prohibited.
(5)
Concrete burial vaults and grave liners are prohibited.
(6)
A burial shroud may be used providing it has been made of naturally
biodegradable materials and is in a casket.
(7)
Nonorganic materials, such as metal, plastic, concrete, or synthetic
materials are not permitted to be buried. The cemetery may, at its
discretion, allow personal jewelry.
(8)
Toxic chemicals such as formaldehyde are not allowed.
(9)
Embalmed bodies must use a nontoxic Green Burial Council approved
fluid.
(10)
There shall be adequate separation of the green burial site
and any private wells, as well as adequate vertical separation of
the remains/green burial site from groundwater, which shall be a minimum
of five feet of separation above the maximum adjusted groundwater
table.
(11)
There shall be adequate separation of a green burial site from
any areas of steep sloping ground in order to reduce the possibility
of breakout.
(12)
The cemetery reserves the right to refuse for burial a body
that is not properly prepared.
(13)
All necessary interment forms are to be signed by the next of
kin or an authorized agent prior to any interment.
(14)
The cemetery relies on the next of kin or an authorized agent
to identify the remains of the deceased.
(15)
A minimum of forty-eight-hour notice, where possible, is preferred
for preparing a grave for interment. Next of kin or an authorized
agent may request interment.
(16)
Plastic flowers arrangements, vases, photographs, manmade or
manufactured items may not be left on the gravesite.
(17)
Natural and/or biodegradable items may be placed on the grave.
(18)
The cemetery reserves the right to remove items as they become
unsightly and/or prohibited by the green burial standards.
H.
Fees. Current cemetery fees will apply to all burials, with no additional
fees for green burials. Please refer to the Cemetery Fee Schedule
located on the Town of Barnstable website at www.townofbarnstable.us/Departments/cemeteries
or contact the Cemetery Division at 508-428-8643.
