Rules & Regulations
Town of Lynnfield
Massachusetts
CEMETERY RULES & REGULATIONS
Forest Hill Cemetery
and
Willow Cemetery
JULY 17, 2000
Amended July 01, 2021 (rate change)
INDEX
Rules and Regulations
Of
Forest Hill & Willow Cemeteries
(As adopted by the Board of Selectmen- July 17, 2000)
The adoption and enforcement of the following rules and regulations is necessary to maintain good order within the cemeteries, to protect the interests of proprietors and to preserve the beauty of the grounds. All persons are urgently requested to report immediately any act of discourtesy or other breach of propriety.
The Board of Selectmen reserves the right to temporarily suspend or modify a regulation, but such act shall not be construed as affecting the general application or enforcement of such rule or regulation.
The rules and regulations and schedule of prices as established by the Board of Selectmen are subject to change without notice.
All provisions of Massachusetts General Laws, Chapter 114, shall be adhered to including penalties for infringement of the Law.
The Director of Public Works is in full charge of the Cemetery and is responsible for the enforcement of the rules and regulations and for maintaining the cemeteries in conformance with the principals to which it was dedicated.
Forest Hill Cemetery and Willow Cemetery will be open daily from 8am. to 9:00pm. , except from November 1st to March 1st when they will close at 4:30pm.
Any unauthorized person found within the cemeteries outside the prescribed opening hours will be deemed a trespasser and as such will be liable to prosecution.
All business related to Forest Hill Cemetery or Willow Cemetery may be done through the Director of Public Works whose office is located at the Department of Public Works Office, 55 Summer Street, Lynnfield, Massachusetts during normal business hours, Monday through Friday, 8:00 am to 4:00pm The office will be closed on all legal holidays and weekends.
Sale of all lots shall be restricted to residents or former residents of the Town of Lynnfield or employees, or former employees with 10 years of cumulative service to the Town with the following restrictions:
1. A maximum of (4) graves may be purchased by any one household. Any requests for more than (4) graves must be first approved by the Board of Selectmen after a recommendation is received in writing by the Director of Public Works.
Former residents of the Town of Lynnfield who do not already own lots in either Forest Hill or Willow Cemetery will be allowed, after first showing satisfactory proof of former residency, to purchase a maximum of (2) graves.
2. Gravesites are limited to the interment of the owner and spouse and their immediate family. The immediate family is defined as: father, father’s brother or sister, mother, mother’s brother or sister, son, daughter, son-in-law, daughter -in-law, grandchild.
3. Lots are sold for cash only and payment is to be made to the Town of Lynnfield. The deed for any lot shall not be delivered, no stone or marker may be erected, and no work will be done on the lot until the purchase price and/or any other fees are paid in full.
4. Graves may only be resold to the Town of Lynnfield and will only be purchased at the original selling price.
Cemetery lots shall not be used for any other purpose than as a place of burial for the human dead, and all burials therein shall be under the personal charge of the Director of Public Works or his designee.
All fees for grave openings, foundations, setting of flush grave markers, or any other fee established by the Board of Selectmen shall be made payable to the Town of Lynnfield through the Department of Public Works Office, hereinafter referred to as the Department.
All lot corners will be determined by the Department and may be further defined by a suitable corner marker. It is unlawful for any person to remove or tamper with said marker. If family lot markers are to substitute any Department marker they must first be approved for style and type by the Director of Public Works and can only be set by employees of the Department.
No lot will be deeded to more than one owner, nor will a lot be allowed to be divided. The Department has no objections to an agreement between or among family members as to the parts of the lot to be used by each, however, the Department will not undertake to record or enforce such agreement.
In case of the death of a proprietor, it shall be the duty of the heirs or devisee to file with the Department satisfactory proof of ownership. (Chapter 114, Section 29, MGL.).
The spouse of a deceased owner has a right to burial in said lot.
If any monument or effigy, or any structure whatsoever or any inscription be placed in or upon any lot which shall be determined by the Director of Public Works to be improper or offensive, the Director shall have the right to enter upon said lot and remove such improper or offensive objects.
No fence, seat, step, curbing, railing, wall, hedge, embankment, ditch or other lot enclosure shall, at anytime, be erected or placed in or around any lot and the establishment of the grade of any lot shall be subject to the approval of the Director of Public Works, and the work of grading shall be done by employees of the Department.
Residents purchasing new graves or lots must make said purchase in the section open for sale at that time. No exceptions will be made.
All interments or other work shall be under the personal charge of the Director of Public Works or his designee.
No sale, transfer or assignment of any lot shall be valid without the approval of the Director of Public Works.
Proprietors may erect a memorial structure on their lot subject to the regulations set forth under Section XI, MONUMENTS AND MARKERS.
Proprietors may cultivate plants on their lots subject to the approval of the Department, however if such planting becomes neglected or is deemed objectionable or detrimental, the Director reserves the right to remove such planting. The planting area shall be restricted to an area in front of a headstone no more than one-foot out and one foot beyond the headstone width. All planting must stay within the lot limits.
On lots or graves where no monument has been erected the sod under no condition shall be allowed to be broken.
The Director shall remove from lots and graves flowers and emblems whenever, in his opinion, the same has become so withered or decayed as to render their removal desirable.
The Department reserves the right to alter the plot of any walks, avenues and unsold area.
No lights or open flame of any kind shall be allowed in any cemetery.
Lot owners making any improvements on lots that are under perpetual care will be charged with any necessary expense of putting the lot in order after such improvement is made.
If any trees or shrubs on any lot shall by means of their roots or branches, or otherwise, become detrimental to the adjacent lots, avenues, or paths or dangerous or inconvenient to passengers, it shall be the duty and right of the Department to enter onto the said lot and remove the said trees and shrubs or such part thereof that is detrimental, dangerous, or inconvenient.
No person shall trim or remove any tree or shrub, whether or not it is on his own lot. The Department will, on request, perform all such work at no cost.
The Department will use constant care in examining trees, removing such parts thereof that appear to be dangerous or detrimental. The Department expressly disclaims responsibility for any damage to either persons or property resulting from falling trees or parts thereof.
No person shall plant a tree or shrub without approval of the Director of Public Works and all such work will be done by the Department. Any tree or shrub roots and/or branches, which become a nuisance or render the ground unfit for burial purposes, in the opinion of the Director of Public Works, will be removed by the Department.
Any planting that exceeds the grave and/or lot dimensions will be removed by the Department. All shrubs must be of the miniature size variety.
Operators of vehicles within the Cemetery must drive with care and shall not exceed 10 miles per hour. All vehicles must travel only on the paved avenues.
On Memorial Day, no vehicle, except those accompanying and a part of a memorial procession will be allowed on avenues of the parade route.
Motorcycles, bicycles, go-carts, three or four wheel all terrain vehicles, or snowmobiles are excluded from both Cemeteries at all times.
No signs or notices or advertisements of any kind shall be allowed in the Cemeteries unless placed by the Director of Public Works.
No firearms are allowed in the Cemeteries except by authorized persons on military occasions.
All winter baskets shall be removed by March 1st of each year.
Any person who destroys or defaces any monument, tree, shrub, plant or building is guilty of a serious offense, punishable by fine, imprisonment, or both. The law is strict on vandalism in cemeteries and will be strictly enforced.
No rose bushes of any variety are allowed.
All persons are prohibited from gathering flowers, either wild or cultivated, breaking or cutting trees, shrubbery or plants, or defacing or otherwise damaging monuments or other structures.
No employee of the Department will be allowed to receive any fee or other compensation whatsoever for service rendered to any person.
Dogs and horses are not allowed in the Cemeteries at any time.
All work done within the Cemeteries shall be performed by employees of the Department, or by permission of and under the supervision of the Director of Public Works.
No private vehicles will be allowed to plow out the cemetery roads at any time. Any damage done to stones, markers, roads, trees, shrubs and/or grounds will be at the expense of the violator of this section.
All funerals must enter the cemetery through the main gate and upon entering shall be under the charge of the Director of Public Works or his assistants.
Funeral directors are required to have all interment orders signed by the proprietor or representative of the lot, or grave, and presented to the Public Works Office at least eight working hours before the time set for interment.
All interments must be made in permanent containers and enclosed in an outer container/vault of concrete. The vault company is required to deliver and install the vault and cover in the designated gravesite.
No interment will be made without a regular order and burial permit.
No interment will be made until all fees charged for the same have been paid.
Fees for grave openings will be according to those found under Section XV., “Cemetery Rates and Fees” of these rules and regulations.
The Department will receive telephone orders for opening a grave, but disclaim liability of error in such cases. All written orders must be plainly and correctly written in ink.
Not more than one interment will be permitted in any one gravesite other than what is provided for under Section X, “INTERMENT OF CREMAINS” of these rules and regulations.
Interments will not be made on Sundays or legal holidays, unless religious beliefs insist otherwise.
In cases of extreme weather conditions or other causes beyond human control, or because of any other extenuating circumstances, the Director of Public Works may at his discretion postpone making a scheduled interment until conditions permit interment.
Each unused gravesite may be used for a maximum of four (4) urns containing cremains.
All urns or other receptacles used for permanent interment must be of a durable and lasting material approved by the Director of Public Works or his designee.
Effective January 1, 2000, existing monuments will be exempt from these new rules and may be replaced as originally erected, if necessary.
No monument or marker may be placed in the cemetery unless and until the lot on which it is to be erected has been paid in full and a deed issued.
Maximum size of all monuments will be as follows:
Maximum Base Height | Maximum Allowable Size | Maximum Allowable Height | |
|---|---|---|---|
SINGLE GRAVE | 8”(inches) | 2’-6” x 1’-0”(at the base) | 2’-6” |
DOUBLE GRAVE | 8”(inches) | 3’-0” x 1’-0”(at the base) | 2’-6” |
FOUR GRAVE | 8”(inches) | 3’-7” x 1’-0”(at the base) | 2’-6” |
All foot markers must be flush with the existing ground. Slant markers are not allowed. Any military marker or monument supplied by the Government must be flush with the ground.
All headstones must rest on a cement foundation, which will be poured by the Public Works Department. In no case will a foundation be built either in whole or in part over the remains of a previous interment.
Applications for this foundation work must be filed with the Department in writing and shall give full particulars including size. No foundations will be constructed and no stonework will be set between May 25th and June 1st or between November 15th and April 1st, or when the ground is not in the proper condition for such work.
Fees charged for foundations and the installation of foot markers will be according to those found under Section XV., “Cemetery Rates and Fees” of these rules and regulations.
Accounts must be paid in full prior to accepting work orders for foundation and flush marker installations.
No boulder-type monuments will be allowed.
All monuments and/or markers (other than bronze veteran markers) shall be made of good quality granite, hard marble or other natural stone not susceptible to disintegration or corrosion. Wooden crosses will only be allowed on a temporary basis for not more than (6) months.
No person or business shall deliver any material within the cemeteries except under the direction of the Director of Public Works or his designee.
All work must be performed during normal working hours of the cemetery and all contractors will be held responsible for the protection of other stones, paths, avenues, graves, trees and shrubs.
No more than one headstone or monument will be allowed on any one lot and only one footmarker will be allowed per gravesite.
Grave: The term grave shall apply to a space of approximately 3-1/2’ x 10’ to accommodate one vault or up to four cremain interments.
Monument: Any memorial structure of granite, marble or other natural stone which shall extend above the surface of the ground other than a tomb, mausoleum, headstone, foot stone, or grave marker.
Headstone: A stone to mark the location of a particular grave and shall be erected at the head of the grave.
Foot stone: A stone to mark the location of a particular grave and shall be set at or below ground level at the foot of the grave. No more than one foot stone measuring no more than 2’-0” x 1’-0” x 8” is allowed on each grave.
Grave marker: A one-piece stone set at one or all four corners of a lot to mark the location of the particular grave.
Lot marker: Any marker or means used by the Department to locate the corner of the lot.
Lot deed: An instrument issued by the Town of Lynnfield giving the Lot purchaser the right of interment of human remains only.
The term “perpetual care” shall mean the maintenance of the lot or grave in reasonable condition. This includes cutting the grass at proper intervals, pruning trees and shrubs, raking and cleaning the grounds and raising sunken graves. Under this agreement the Department does not bind itself to maintain, repair or replace any structure erected thereon, nor plant ornamental flowers or shrubs, nor to regularly water the grass or flowers.
Plant materials which are overgrown or in disrepair and which detract from the overall appearance of the cemeteries are subject to removal without notice.
The Department of Public Works will take every reasonable precaution to protect the private property of lot and grave owners within each cemetery from loss or damage, but it disclaims all responsibility for loss or damage from causes beyond its control, especially from the acts of thieves, vandals, malicious makers and from the acts of providence including wind, hail, snow and frost.
*Amended rates as of February 06, 2024
| Purchase of Lot: |
| |
|---|---|---|
| Current Residents, Current or Former Employees | Four (4) Grave Limit | |
| Single Grave | $ 1,000.00 | |
| Single Grave Perpetual Care | $ 500.00 | |
| Total Purchase Cost for Grave | $ 1,500.00 | |
| Former Residents | Two (2) Grave Limit | |
| Single Grave | $ 1,200.00 | |
| Single Grave Perpetual Care | $ 800.00 | |
| Total Purchase Cost for Grave | $ 2,000.00 | |
| Interments (Burials): | ||
| Grave Openings | Single Full Grave Interment Fee (for casket) | $ 1,000.00 |
| Single Cremation Burial | $ 500.00 | |
| Child Burial (under two years of age) | $ 200.00 | |
| Stillborn Burial | no charge | |
| Opening for Exhumation of Interment | Single Exhumation | $ 2,000.00 |
| Foundations for Memorial Markers: | ||
| Per Square Foot | $ 100.00 | |
| Minimum Fee | $ 250.00 | |
| Set Veteran Marker | no charge | |
| Shrub Planting or Removing | $ 60.00 | |
| Additional Costs: | ||
| Work Performed on Saturdays and Holidays, or for burials arriving 12:30 p.m. or later on weekdays | $ 500.00 | |
Work Performed during Winter period from December 1 through March 31 | $ 200.00 | |
| Tent Rental | $ 100.00 |