Home Burial

Home Cemetery

Standard Operating Procedures

Mass. General Laws (MGL) Chapter 114 sections 33, 34, 35 address the establishment of a cemetery.

Home burial in Wendell is recommended for family members, relatives, persons residing on the property or close personal friends. No financial compensation shall be paid for home burial plot.

LANDOWNER RESPONSIBILITIES

  1. Fulfills the Board of Health permit application with site designation, GPS coordinates, a plan with detailed drawing of property with all measurements, corners, distances.
  2. Hires state approved soil evaluator to test and determine Estimated Seasonal High Groundwater Elevation (ESHGW), witnessed by Board of Health agent.
  3. Communicates with Conservation Commission about wetland evaluation and distances, which is a requirement of Conservation Commission.
  4. Continue responsibilities below with #5

BOARD of HEALTH RESPONSIBILITIES

  1. Identify all abutters.
  2. Post legal notice (including date of hearing) in two local papers
  3. Send notice by registered mail to all abutters at homeowner's expense, notifying them of date of hearing. Copies to: Dept. of Public Health, Division of Community Sanitation and Dept. of Environmental Protection
  4. Board of Health shall hold public hearing
  5. The Board of Health votes about approving the plot.
  6. Board of Health contacts Department of Environmental Protection (DEP) re any water issues. Results of soil evaluation (ESHGW) and Conservation Commission evaluation sent to DEP with site coordinates.

LANDOWNER RESPONSIBILITIES (continued)

  1. Notarized deed restriction with cemetery location recorded at registry of deeds (Greenfield) by owner at own expense. A certified copy is then filed with the Board of Health.
  2. Before the Board of Health final approval, a site visit is required to confirm that four corners are "marked in a permanent manner."
  3. Final approval by Selectboard.

Any family member, relative or friend can be buried in the approved site as long as there is no compensation or money changing hands.

Home Cemeteries Legal Process

Standard Operating Procedure

Mass. General Laws (MGL) Chapter 114 sections 33, 34, 35 address the establishment of a cemetery.  Any family member, relative or friend can be buried in the approved site as long as there is no compensation or money changing hands.

  1. Board of Health (BoH) permit application with site designation, GPS coordinates, a plan with drawing of property in question with all measurements.
  2. A soil evaluation test is required to determine the Estimated Seasonal High Groundwater Elevation (ESHGW), by a state approved soil evaluator and witnessed by BoH Agent.
  3. Wetlands evaluation for distances is required by the Town Conservation Commission.
  4. BoH to contact Department of Environmental Protection (DEP) regarding any DEP water issues. Results of soil evaluation (ESHGW) and ConCom evaluation sent to DEP by BoH with site coordinates.
  5. Identify all abutters. BoH shall hold public hearing with legal notice (including date of hearing) posted in two local papers and notice sent by registered mail to all abutters at homeowner's expense, notifying them of date of hearing. Copies to: Dept. of Public Health, Division of Community Sanitation, and Dept. of Environmental Protection. The BoH votes to approve the plot.
  6. Notarized deed restriction (with location) recorded at registry of deeds (Greenfield) by homeowner at own expense. A certified copy is then filed with the BoH.
  7. Before BoH final approval, a site visit is required to confirm that four corners are "marked in a permanent manner."
  8. Final approval by Selectboard.
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