[HISTORY: Adopted by the Select Board of
the Town of Lexington 5-23-2005. Amendments noted where applicable.]
GENERAL REFERENCES
Select Board — See Ch. 187.
A.
For the mutual protection of lot owners and the cemetery
as a whole, the following rules and regulations have been adopted
by the Massachusetts Cemetery Association, as the rules and regulations
of Westview Cemetery. With some exceptions as noted herein, these
rules and regulations also apply to Munroe Cemetery. All lot owners
and visitors within the cemetery, and all lots sold shall be subject
to said rules and regulations and subject further, to such other rules
and regulations, amendments or alterations as shall be adopted by
the Cemetery Association from time to time, and the reference to these
rules and regulations in the deed or certificate of ownership to a
lot shall have the same force and effect as if set forth in full therein.
The Cemetery Division, subject to the approval of the Select Board,
may make such rules and regulations consistent with the law, as it
deems expedient.
[Amended 3-27-2019 ATM by Art. 34]
B.
Although the gate in Westview Cemetery is open year
round, the office hours are Monday through Friday, 7:00 a.m. to 3:30
p.m. The Westview Cemetery will be open for interments weekdays except
for the following holidays: New Year's Day, Patriot's Day, Memorial
Day, the 4th of July, Labor Day, Veteran's Day, Thanksgiving Day or
Christmas Day. Where immediate burial is required by the laws of the
State of Massachusetts or under the rules and regulations of the Board
of Health, interments may be made on Saturdays, Sundays, or some holidays.
As described herein, an additional fee(s) to cover overtime costs
will be added to the regular interment charge.
A.
Oversight of the cemetery operation comes under the
direction of the Public Grounds Superintendent. The general grounds/grave/administrative
care of the Westview Cemetery and three other cemeteries in Lexington
is assumed by the Cemetery Division of the Department of Public Works
and includes the cutting and watering of the grass at reasonable intervals,
the raking and cleaning of the grounds, the pruning of shrubs and
trees that may be placed by the cemetery, burials and disinterment,
and the required filing and recordkeeping of documents.
B.
The general care assumed by the Westview Cemetery
shall in no case mean the maintenance, repair or replacement of any
memorial, tomb, or mausoleum placed or built upon lots; nor the doing
of any special or unusual work in the cemetery. Nor does it mean the
reconstruction of any marble or granite work or any section or plot,
or any portion or portions thereof in the cemetery.
C.
The Cemetery Division, under the direction of Superintendent
of Public Grounds, shall be responsible to enforce the rules and regulations
affecting the property and grounds of the cemeteries and the rights
of proprietors and the conduct of visitors therein.
The Engineering Division may lay out any existing
public burial grounds in the Town or any land purchased and set apart
by the Town for such cemeteries in lots or other suitable subdivisions
with proper paths and avenues. The Cemetery Division may plant, embellish,
ornament and fence and erect therein such suitable edifices and conveniences
and make such improvements as it considers necessary.
The Cemetery Division will take all reasonable
precautions to protect lot owners, and the property rights of lot
owners, within the cemetery from loss or damage; but the cemetery
disclaims all responsibility for loss or damage from causes beyond
its reasonable control, and especially, from damage caused by the
elements, an act of God, common enemy, thieves, vandals, strikers,
malicious mischief makers, explosions, unavoidable accidents, invasions,
insurrections, riots, or order of the military or civil authority,
whether the damage is direct or collateral, other than as herein provided.
The right to enlarge, reduce, or change the
boundaries or grading of the cemetery, or a section (s), from time
to time, including the right to modify or change the locations of
or remove or regrade roads, drives, or walks, or any part of it is
hereby reserved. The right to lay, maintain and operate, or alter
or change pipe lines or gutters for sprinkler systems and drainage
is also expressly reserved, as well as the right to use cemetery property
not sold to individual lot owners for cemetery purposes, including
interment of the dead, incidental or convenient thereto. The cemetery
reserves to itself and to those lawfully entitled thereto a perpetual
right to ingress and egress over graves the purpose of passing to
and from other graves.
A.
All conveyances of the exclusive right of burial in
any lot or grave in any public cemetery in the Town of Lexington shall
be by deed made and executed in such manner and form as the management
may from time to time prescribe, and all such deeds.
B.
No lot or grave in any public cemetery in Lexington
shall be sold to any one who is not a resident of the Town of Lexington
at the time of such sale, unless the purchaser previously lived in
Lexington for a period of 20 or more years, unless waived by the Select
Board. Nonresidents may be interred if they are the owner of the lot
or are related by blood or marriage to the owner of such lot or a
member of the immediate family (parent, spouse, grandparent, sibling,
daughter, son or grandchildren) of such owner. There is an additional
charge for the interment of a nonresident.
[Amended 5-2-2011; 3-27-2019 ATM by Art. 34]
C.
The conveyances of exclusive burial rights shall be made subject to the provision that a percentage of the purchase price, to be determined from time to time by the management, is deposited into a fund to be known as the "Perpetual Care Fund." Money set aside by the Cemetery Division for the Perpetual Care Fund shall be deposited with the Trustees of Public Trusts, and said funds shall be managed and invested by the Trustees of Public Trusts under the provisions of Section 5 of Chapter 107 of the Legislative Acts of 1910. All other funds received by the Cemetery Division shall be paid to the Town Treasurer to be deposited to the General Fund.
D.
An endowment fund shall be established whereby the
Trustees of Public Trusts will hold and invest the principal sum deposited
by the lot owner and use the annual income therefrom to defray the
cost of the general operation of the cemetery.
E.
The Trustees of Public Trusts reserves the right to
either to handle all investments itself, or to deposit said funds
with any person, company, or corporation qualified to act as trustee
for such funds.
Descriptions of lots will be in accordance with
the cemetery plots which are kept on file at the cemetery office.
It is the duty of the lot owner to notify the Cemetery Division of
any changes in his/her mailing address.
The cemetery reserves, and shall have, the right
to correct any errors that may be made by it either in making interments,
disinterments or removals, or the description, transfer or conveyance
of any interment property, either by canceling such conveyance and
substituting and conveying in lieu thereof other interment property
of equal value and similar location as far as possible, or as may
be selected by the Cemetery Division, or in the sole discretion of
the Cemetery Division, by refunding the amount of money paid on account
of said purchase. In the event such error shall involve the interment
of the remains of any person in such property, the cemetery reserves,
and shall have the right to remove or transfer such remains so interred
to such other property of equal value and similar location as may
be substituted and conveyed in lieu thereof.
The laws of the State of Massachusetts govern
the descent of title to cemetery lots as well as other matters pertaining
to assignments, conveyances, devises, trust deeds and inalienability.
The Cemetery Division will assist any lot owner who needs information
or advice on questions pertaining to his/her lot.
A.
All funerals on entering the cemetery shall be under
the charge of the Cemetery Division.
B.
Once a casket containing a body is within the confines
of the Westview Cemetery, no funeral director nor his embalmer, assistant,
employee or agent, shall be permitted to open the casket or to touch
the body without the consent of the legal representative of the deceased
or an order signed by a court of competent jurisdiction.
C.
When an interment is to be made in a lot, the location
of such interment shall be designated by the lot owner. Should the
lot owner fail or neglect to make such designation, the cemetery reserves
the right to make the interment in a location designed by the Cemetery
Division.
D.
The employees of the Cemetery Division are the only
persons who will be allowed to open graves with the following exceptions:
(1)
When the cemetery is directed to make a disinterment
by order of a court of competent jurisdiction and a certified copy
of such order has been filed with the Cemetery Division.
(2)
When the coroner directs the disinterment for the
purpose of holding an inquest and has filed with the Cemetery Division
his signed authorization to release the body to himself and his lawful
agents. In such case, the disinterment must be made by the coroner
or his lawful agents. The cemetery employees will not be permitted
to assist the coroner or his agents.
E.
The right is reserved by the Cemetery Division to
insist upon at least 48 hours' notice (with complete information)
prior to any interment and at least one-week notice prior to any disinterment
or removal.
F.
The Cemetery Division will not be responsible for
any order given by telephone or for any mistake occurring from the
want of precise and proper instructions as to the particular space,
size of grave, and location in a plot, where interment is desired.
G.
The Cemetery Division will not be liable for the interment
permit nor for the identity of the person sought to be interred.
H.
No interments shall be made in any lot or grave in
said cemeteries until the Cemetery Division shall have been furnished
with such permits as may be required by the laws of the Commonwealth
of Massachusetts or of the city or Town from which the deceased may
be brought, nor shall any body be interred in any such grave or lot
in which exclusive burial rights have been conveyed until the Cemetery
Division shall have been furnished with an order from such owner or
his legal representatives for said interment. No interment shall be
made unless all charges against said lot or grave and all fees for
such interment have been paid.
I.
Producing of the deed for the exclusive burial right
in any lot or grave in any such cemetery shall be considered as authority
for the opening of a grave. Any person ordering an interment will
be held responsible for any and all expenses resulting from said order.
J.
No interment shall be used for any other purpose than
for the burial of the human dead.
K.
No burial will be scheduled later than noon on Saturdays,
Sundays and some holidays. After hours, weekends and some holidays
burial policy: Call the emergency number, 781-862-1618 to set up a
burial for Monday or Tuesday.
A.
In order to maintain a high standard of care and to
eliminate sunken graves caused by the collapse of caskets, it is required
that all body burials must be made in outside containers made of natural
stone, metal, or of reinforced concrete. For the interment of infants,
fiberglass containers must be used.
B.
All such containers must be so made and installed
as to meet specifications established by the Westview Cemetery. Outside
containers may be procured from any source, provided they meet the
established specifications which are available from the Cemetery Division.
C.
The Town of Lexington initiated the sale of grave
boxes in July 1992. In October 1994 burial vaults were added. When
cemetery employees handle or install such containers, a reasonable
charge will be made for such service. When an outside contractor installs
a container, a contractor supervision fee will be assessed to assure
the integrity of the grave.
A.
The Cemetery Division will undertake to maintain,
as may be practicable, the planting of trees and shrubs, to preserve
and maintain landscape features, but does not undertake to maintain
individual plantings, urns or plants.
B.
There shall be no individual beds of shrubbery or
flowers allowed on the grounds unless installed by the Cemetery Division.
C.
The Cemetery Division shall not be responsible for
any kinds of planting damaged by the elements, vandals, and thieves
or by other causes beyond its control. The Cemetery Division shall
have the further 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 Department, they become unsightly,
dangerous, detrimental or diseased, or when they do not conform to
the standard maintained.
D.
The Cemetery Division 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. There shall be no clay, glass, or metal
receptacles, or other containers used on the premises for the holding
of floral bouquets.
E.
The Cemetery Division encourages the placing of fresh
flowers at Easter, Mother's Day, Memorial Day, and Father's Day. However,
please use bronze or aluminum vases, which may be purchased from the
monument companies, or the galvanized vases from the Cemetery Division.
If the types of vases that are mentioned above are not available,
please be sure that the containers that are used are not placed on
the grass. Containers left on the grass for only a short period of
time kill the grass so it is mandatory that they be placed on the
marker.
F.
During the winter months, vases must be turned down
or removed to prevent damage and the possibility of person injury.
Christmas wreaths, sprays and artificial flowers may be placed in
the cemetery after November 20th and removed by March 1st. Memorial
Day flowers must be removed by the Sunday following Memorial Day.
G.
Flags may be placed at the graves for Memorial Day
and Flag Day. They may be placed by lot owners, veteran organizations,
or other groups. The Cemetery Division encourages the flags to be
placed a week before Memorial Day and removed by the week after Flag
Day. The Cemetery Division is not responsible for flags, or other
personal property left at the gravesite.
H.
Flowers including funeral flowers left at the cemeteries
at other times will be removed at the discretion of the Cemetery Division
when they become withered. Digging of any kind by anyone other than
employees of the Cemetery Division is absolutely prohibited.
A.
Effective as of January 15, 1992, in Westview Cemetery,
the only type of flush markers that are permitted will be of either
granite or bronze and will be a standard one foot by two feet in size
to be placed at the head of the grave. One marker per grave is all
that is allowed.
B.
The Cemetery Division employees are the only persons
allowed to build foundations for flush markers. Orders for installation
of foundations are accepted in the spring when the frost is out of
the ground until the third week in November.
C.
In Munroe Cemetery, the use of headstones is permitted,
but before any headstone or monument shall be erected in Munroe Cemetery,
a drawing of said headstone or monument must first be submitted to
the Cemetery Division for approval.
A.
The prices for which exclusive burial rights in any lot or grave in such cemeteries and the charges for opening a grave and making an interment shall be determined from time to time by the Select Board, and all payments must be made in advance and before any interment shall be permitted in said cemeteries. A schedule of the current rates and service fees is included at the end of this chapter.
[Amended 3-27-2019 ATM by Art. 34]
B.
The regulation that all charges must be paid before
interment can be made in said cemeteries may be waived in writing
by the Director of Public Works when circumstances or necessity require
such a waiver.
C.
Overtime charges will be assessed in the following
situations:
(1)
The funeral arrives at the cemetery after 2:00 p.m.
on a weekday.
(2)
Next-day interment on a weekday with only 24 hours'
notice.
(3)
Only 24 hours' notice received for a Saturday burial.
(4)
When a call comes in later than 11:00 a.m. on Friday
for Monday burial.
(5)
Saturday, Sunday or holiday burial.
The Superintendent of Public Grounds is hereby
empowered to enforce all rules and regulations. The Cemetery Division
shall have charge of the grounds and buildings, including the conduct
of funerals, traffic, lot owners and visitors, and at all times shall
have supervision and control of all persons in the cemetery.
[Amended 5-2-2011]
A.
Resident requirement for sale. No lot or grave in
any public cemetery in Lexington shall be sold to anyone who is not
a resident of the Town of Lexington at the time of such sale, unless
the purchaser previously lived in Lexington for a period of 20 years
or more, unless waived by the Select Board and nobody shall be interred
in such lot unless the deceased was, at the time of his or her death,
a resident of the Town of Lexington, or the owner of such lot, or
was related by blood or marriage to the owner of such lot, or a member
of the immediate family of such owner. (Note: This restricts the sale
of lots to residents of the Town at the time of purchase, but, once
the lot has been purchased, there is no requirement that the owner
remain a resident of the Town. A nonresident owner and members of
the immediate family can have the right of burial).
[Amended 3-27-2019 ATM by Art. 34]
B.
Reconveyance of grave. No used lot or grave so conveyed
by the Cemetery Division shall be reconveyed by an owner thereof or
the heirs, executors or administrator of said owner to any person
or entity other than to a person related by blood or marriage to said
owner or to a member of the immediate family of said owner or to the
Town of Lexington. If the unused lot or grave is reconveyed to the
Town of Lexington, the owner or the heirs, executors or the administrator
of said owner shall be reimbursed by an amount equal to the original
price paid for such grave (Note: The ownership of graves that have
been used for interments remains in the family, and this provides
that the ownership of unused graves or lots can likewise remain in
the family, but it cannot be conveyed outside the family except to
the Town of Lexington. If the Town reacquires the lot or grave, it
pays the original purchase price. Since the Town loses money for the
upkeep of the lot or grave, in the sense that it has to subsidize
that part of the cost not covered by the income from the Perpetual
Care Fund, it seems reasonable that the Town not be required to pay
interest on the amount or to reimburse at the current price sale).
C.
Permits. No interments shall be made in any lot or
grave in said cemeteries until the Cemetery Division shall have been
furnished with such permits as may be required by the laws of the
Commonwealth of Massachusetts or of the city or Town from which the
deceased may be brought, nor shall anyone be interred in any such
grave or lot in which exclusive burial rights have been conveyed until
the Cemetery Division shall have been furnished with an order from
such owner or his legal representative for said interment. No interment
shall be made unless all charges against said lot or grave and all
fees for such interment have been paid.
D.
Authority to open grave. Any person who produces a
deed for the exclusive burial rights in any lot or grave in any such
cemetery shall be considered to have the authority to order an opening
of a grave at that site, and any person who orders an interment will
be held responsible for any and all expenses resulting from said order.
E.
Authorized employees. No grave shall be opened for
interment or removal of a body by any person who is not the employee
of the Cemetery Division of the Town of Lexington, and no body, once
interred in said cemetery, shall be disinterred except upon written
request by the lot owner or producer of the deed.
F.
Burial boxes or vaults. Burial boxes or vaults satisfactory
to the Cemetery Division must be provided for all interments.
G.
Grave capacity. Not more than two adult bodies shall
be interred in any one grave. Not more than one adult body and two
infant bodies (fiberglass must be used) shall be interred in any one
grave. Not more than one adult body and two cremations shall be interred
in any one grave. Not more than four cremations shall be interred
in any one grave. All graves shall be placed on any lot in accordance
with a plan provided by the Cemetery Division.
H.
Walking on graves. Persons within the cemetery shall
use only the roads, walkways and paths, 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 Cemetery Division expressly disclaims
liability for any injuries sustained by anyone violating this rule.
I.
Flower picking; grave defacing. Persons visiting the
cemetery or attending funerals are prohibited from picking flowers,
wild or cultivated, breaking or injuring any tree, shrub or plant,
or from writing upon, defacing or injuring any memorials, fence, or
other structure within the cemetery grounds.
J.
Control of automobiles. Automobiles and 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. Automobiles
must not be left with the engine running and the emergency brakes
must be set when the driver is not in his/her seat. Mufflers must
not be opened nor the horn sounded within the cemetery. The following
things are also prohibited:
(1)
The driving of automobiles or other vehicles through
the gates or in the cemetery at excessive speeds.
(2)
Driving any automobile or vehicle across or upon any
grave, lot or lawn or parking or leaving the same thereon.
(3)
Parking or leaving any automobile or vehicle on any
road or driveway within the cemetery at such location or in such position
as to prevent any other automobile or vehicle from passing the same,
and if so parked or left, the Cemetery Division will remove the vehicle,
at the owner's expense.
(4)
Making a complete or partial reverse turn of any automobile
or vehicle on any road or driveway within the cemetery.
K.
Waste receptacles. Receptacles for waste material
are located at convenient places throughout the cemetery. Therefore,
the throwing of rubbish on the roads and paths, or any part of the
grounds, or in the buildings, is prohibited.
L.
Articles not to be placed on graves. The placing of
upright flower boxes, flag holders, flag emblems, toys, metal designs,
balloons, vigil lights, rocks, ornaments, chairs, settees, vases and
similar articles, upon plots will not be permitted, and if so placed,
the Cemetery Division reserves the right to remove them.
M.
Memorial benches. Memorial benches may be purchased
from the Cemetery Division at a cost of $1,120 each. Payment can be
made in one lump sum or in two or four monthly installments. This
is the only bench that will be approved for installation. The Cemetery
Division will install and maintain the bench and associated landscaping.
A total of 20 benches will be allowed at Westview Cemetery. Once 20
benches have been installed, the program will be ended.
N.
Conduct within the cemetery. It is of the utmost importance
that there should be strict observance of the proprieties in the cemetery.
Therefore, all persons within the cemetery should avoid conduct unbecoming
a sacred place, such as:
(1)
Loud or boisterous talking.
(2)
Idling or loafing on the grounds or in any of the
buildings.
(3)
Peddling or soliciting the sale of any commodity within
the cemetery.
(4)
Placing of signs or notices or advertisements of any
kind within the cemetery.
(5)
Bringing animals or pets into the cemetery or any
of its buildings.
(6)
Bringing firearms into the cemetery except by a military
escort accompanying a veteran's funeral or attending memorial services.
[Amended 5-2-2011]
A.
Temporary rule changes. It is the duty of the Cemetery
Division to see that the rules and regulations are complied with,
to see that order is maintained, and to protect and promote the best
interests of the cemetery. To that end, the Cemetery Division is authorized
to make temporary additional rules, which may be needed from time
to time, to meet emergencies, which are not covered by these rules
and regulations.
B.
Rule changes. The Town of Lexington reserves the right
to adopt additional rules and regulations or to amend, alter or repeal
any rule, regulation, article, section, paragraph or sentence in these
rules and regulations, at any time. Sufficient notice will be given
by the cemetery of any rule change that will create expense, hardship
or inconvenience to lot owners or other individuals having business
with the cemetery.
C.
Approval by Select Board. The rules, regulations and
prices set forth shall be set and approved by the Select Board and
administered by the Cemetery Division. Changes cannot be made unless
directed by the Select Board or its designee.
[Amended 3-27-2019 ATM by Art. 34]
The Cemetery Division in conjunction with the
Public Grounds Superintendent and the Public Works Director shall
review this document on an annual basis.
