Rules and Regulations

The High Street Cemetery is a privately owned cemetery located in Hingham. The grounds are beautifully landscaped and maintained to provide a peaceful, respectful and safe place for all past, present and future generations.

Purpose of Cemetery

The cemetery is intended for the interment of those entitled to burial according to Massachusetts General Laws, the By-Laws of High Street Cemetery Association and the Rules and Regulations of the High Street Cemetery Association. No grave shall be used for any other purpose other than the burial of the human dead.

Cemetery Hours

The management shall have the right to fix the opening and closing hours of its cemetery office, buildings and its grounds. The office hours at this time are set by appointment. Unless otherwise determined by management, the grounds of the cemetery are open from dawn to dusk each day. The Cemetery does not maintain nor plow its roads from December 1st to April 1st. Therefore any person entering the Cemetery during this period assumes all risk of harm and damage to any person or property. The Cemetery, upon the payment of an additional fee, will only plow during this period to facilitate a burial.

Ornamentations and Decorations

A. GENERAL PROVISIONS

1. In order to maintain a safe, pleasant and dignified burial ground, and to facilitate and expedite the overall maintenance of the High Street Cemetery, the following Rules & Regulations shall be placed into effect, and shall be applied retroactively to all grave sites.

2. No material of any kind whatsoever shall be used as edging around any lot or grave site.

3. All lot and grave sites must be kept ready for mowing from May 1st to October 1st . Plantings necessitating moving for mowing will be removed. These plantings will be tagged and dated at the grave site. The lot holder shall have 30 days to claim such item(s) or they will be discarded.

4. The management reserves the right without providing prior written notice to the lot holder of record and without assuming any liability for possible damage to remove any item(s), material(s), planting(s) or structure(s), including but not limited to shepherd hooks, that, in its opinion, has become unmanageable, deteriorated, unsightly, dangerous or not permitted by this rule and regulation. These items will be tagged and dated at the grave site. The lot holder shall have 30 days to claim such item(s) or they will be dis-carded.

5. Permission has been given by the governing body to its superintendent to trim any brush, branch, shrub or tree or cut anything down that will hinder mowing.

6. The posting or receipt of the Rules and Regulations shall constitute both actual and constructive knowledge of the provisions contained in these Rules and Regulations.

B. PERMITTED USES

1. A flower bed of annual plants located only in the front of an upright grave monument, a beveled or slant marker is per- mitted. This flower bed shall not exceed the length of the monument or marker and is to be no more than 12” in depth and shall be maintained by the lot holder.

2. No material of any kind whatsoever shall be used as edging around this flower bed. No such plantings shall be permitted in front of flat memorial markers or memorial benches.

3. One (1) single shepherd hook (crane hook) not to exceed 4’ (four feet) tall shall be permitted to be placed immediately abutting the monument, marker or bench for the sole purpose of displaying a hanging pot containing a fresh plant, fresh flowers or fresh greens or artificial flowers or artificial greens.

4. In order to avoid damage to maintenance equipment and to artificial flowers and greens, artificial flowers and greens shall not be placed directly into the ground in front of the monument, marker or bench. Artificial flowers and greens must be placed in a container either in front of the monument, marker or bench or hung from a permitted shepherd hook.

5. During the month of December, a Christmas wreath or Christmas spray, either fresh or artificial, may be placed on a grave site.

6. A Veteran plaque and one American Flag may be placed immediately abutting the grave monument, flat or bevel memorial markers or memorial bench of a deceased veteran.

7. Spring/Summer fresh or artificial flowers, plants and must be removed by October 1st. Fall fresh or artificial flowers, plants and greens must be removed by December 1st. Fresh or artificial Christmas wreaths, sprays and greens must be removed by April 1st.

C. PROHIBITED USES

1. Except as enumerated above as a Permitted Use all other forms of decoration of graves is prohibited including but not limited to vigil lights of any kind, statues, plaques, wind chimes, banners, balloons, stuffed animals and any other decoration not identified as a Permitted Use.

2. No plantings of annual flowers shall be permitted in front of flat memorial markers or memorial benches.

3. Planting of trees, bushes, shrubs, evergreens, ornamental grasses and perennials, including but not limited to Hosta, Daylily, Myrtle or Ivy, is strictly prohibited.

Admission to Cemetery

The management reserves the right to refuse admission to the cemetery and to refuse the use of any cemetery equipment or facilities at any time by any person or persons, as the rules, judgment, and traditions of the High Street Cemetery Association may dictate.

Formal Adoption and Subjection

For the mutual protection of the license holders, their families and visitors in the High Street Cemetery, the Board of Trustees, in accordance with Massachusetts General Laws Chapter 114, does hereby adopt the following Rules and Regulations. All license holders and visitors to the cemetery, and all lots and graves shall be subject to said Rules and Regulations and the governing body shall adopt such amendments or alterations thereof or additions thereto from time to time. Reference to the Rules and Regulations in the document conveying the Right of Interment Burial shall have the same force and effect as if set forth in full therein.

General Laws of Massachusetts

High Street Cemetery Association, Inc. is also governed by General Laws of Massachusetts which include Chapter 272, Section 73. Whoever willfully destroys, mutilates, defaces, injures or removes a tomb, monument, gravestone, veteran’s grave marker or metal plaque, veteran’s flag holder that commemorates a particular war, conflict or period of service or flag, or other structure or thing which is placed or designed for a memorial of the dead, or a fence railing, curb or other thing which is intended for the protection or ornament of a structure or thing before mentioned or of an enclosure for the burial of the dead, willfully removes, destroys, mutilates, cuts, breaks or injures a plant as permitted by these rules and regulations and placed on a grave, shall be punished by imprisonment in the state prison for not more than five years or by imprisonment in the jail or house of correction for not more than two and one half year and by a fine of not more than five thousand dollars.

Arrangements of Interments

The superintendent shall have the right to require those wishing to make a selection of a grave, lot, or arrange an interment, to call the cemetery office in ample time to complete the respective arrangements. If a funeral director or other authorized agent is representing the license holder, the arrangements made by the agent with the superintendent are binding on said holder. No individual or organization, except those approved by the governing body will be permitted to conduct services in the cemetery.

The management shall be in no way liable for any delay in the interment of a body where a protest to the interment has been made, or where rules & regulations have not been complied with, or forbid such interment. Any protest may be required in writing and filed with the Board of Trustees.

Interment Procedures

(Also see License Holder’s Rights)

Interments shall be scheduled by the superintendent during normal business hours. Interments requested beyond these scheduled hours shall be at the discretion of the superintendent and shall be charged at the Premium Time Fee. The superintendent shall make every effort to be as accommodating as possible in scheduling Premium Time interments.

A Board of Health Burial Permit, Interment Authorization Form and any and all fees for each interment must be presented to the superintendent before the interment is initiated. All fees will be paid by check made out to High Street Cemetery Association, Inc. Funeral processions entering the cemetery shall be under the charge and direction of the superintendent. The casket may not be opened at any time within the Cemetery without the express permission and in the presence of the superintendent. The superintendent reserves the right to refuse permission to open the casket without the consent of the legal representative of the deceased or without an order of the court or the expressed authority of another civil authority. No disinterment or removal shall be allowed without permission of management, written authorization of the license holder and all heirs of the deceased, a permit from the Board of Health, if required, and the payment of all appropriate fees.

Correction of Errors

The management reserves the right to correct any errors that may be made by it either in making an interment, disinterment or removal or in the description, transfer or conveyance of any of the rights of the license holder. Management may cancel such conveyances and substitute and convey in lieu thereof other interment rights or grave lot of equal value & similar location as selected by management.

Definitions

Cemetery All land within the property of High Street Cemetery Association, dedicated for the burial of deceased human remains.
Governing Body The Board of Trustees of the High Street Cemetery Association, Hingham Massachusetts.

Grantee See License Holder.
Grave A space of ground in a cemetery used, or intended for use, for the burial of deceased human remains. Each grave shall be used to inter one (1) full casket burial and one (1) burial of cremated remains or stillborn; or the burial of (2) human cremated remains.

Grave Box Liner An unsealed concrete receptacle or other durable container in which the casket is placed at time of burial.
Grave Memorials Grave Memorials include the following:

1. Upright Monument: A large traditional memorial headstone that rests in an upright position on a foundation and base, the base of which shall be 8 inches to no more than 10 inches in height and the combined height (the base and the headstone) of which cannot exceed 3 feet in height and 4 feet in length unless otherwise permitted by a majority vote of the Board of Trustees.

2. Slant Stone Marker: Also known as a “mini headstone” is a stone that sits in an upright position upon a foundation but not a base and which is significantly smaller than a traditional Upright Monument while providing the appearance of being an upright headstone. Said memorial shall not exceed 14 inches in height and 24 inches in length.

3. Bevel Marker: Similar to a flat marker but has a foundation but not a base and has a slanted face to a give a small upright appearance. Said memorial shall not exceed 14 inches in height and 24 inches in length.

4. Flat Marker: A flat grave marker which lays flat on the ground without a foundation and is also known as a “flush marker.” Said memorial shall not exceed 24 inches in length and 12 inches in width.

5. Bench: is a memorial fabricated from stone in the shape of a sitting bench without a back and takes the place of a traditional Upright Monument. Said memorial shall sit on a foundation of patio blocks and shall not exceed 18 inches in height and 4 feet in length.

Internment: The permanent placement of human remains placed in a casket, a durable outside container and buried in the ground.
Inurnment: The permanent placement of cremated human remains encased in an urn in a niche, space in a columbarium, or burial in the grave.

License Holder: The sole purchaser of the Licensed Rights of Burial of a grave, or cremation niche, located in the High Street Cemetery.
Lot: A place designated in a cemetery comprised of more than one grave site.

Lot Holder: See License Holder.
Management: The Board of Trustees (governing body).
Niche: A discrete chamber designed, constructed, and intended for use as a permanent repository, for the inurnment of cremated remains, encased in an urn.

Perpetual Care: An arrangement made by the cemetery whereby restricted funds are set aside, the income of which is used to maintain the cemetery, indefinitely.

Rights of Interment The rights given to a license holder for the use of a specific burial grave or niche.

Shepherd Hook (Crane Hook) a metal stanchion of no more than 4 foot in height and resembling a shepherd’s staff in appearance used to display a container containing fresh or artificial plants, flowers or greens.

Superintendent The person or persons duly appointed by the governing body for the purpose of conducting and administering the operation of the cemetery owned and operated by the Trustees of the High Street Cemetery Association.

Urn A durable container to hold cremated human remains. An urn can be placed in a columbarium niche or buried in the ground.
Vault A two-piece sealed receptacle for additional protection of the casket and or an urn, which is placed in the ground at time of burial.

License Holder’s Rights

A license holder solely has purchased a right of burial and has not purchased any quitclaim rights to the land on which a grave or lot is located. A lot or grave site is for the license holder’s or for the license holder’s family member’s use for interment or inurnment purposes only and not for any resale or profit. Upon a license holder’s petition, the Board of Trustees may grant special permission to allow the remains of a person not a member of the license holder’s family to be buried in said site; but in no case shall a license holder have any right to sell, transfer, exchange or in any manner dispose of said lot or grave site or any part thereof or any right or interest therein or any use, of said lot or grave site. If a license holder wishes to divest himself of his rights of burial, such rights shall be sold back to the Board of Directors for the original price paid by the original license holder.

In the event of death of a license holder any and all privileges of the license holder shall pass to the license holder’s family as prescribed by Massachusetts General Laws, Chapter 114, Section 29, 31, 32 and 33 and Chapter 150, Section 3.

If in a will no express disposition or other mention is made of a cemetery license owned by the testator at his demise, the ownership of said license shall not pass to the lawful heirs by any residuary or other general clause of the will but shall descend to his heirs as if he died intestate.

The spouse of a license holder of a site containing more than one available burial space has a vested right of burial of his or her remains in said lot.

If the license holder has filed written instructions with the Board of Trustees as to which member or members of his/her family shall succeed to the right of said site, said instructions will be recognized by the governing body and will be followed if in the judgment of said governing body such instructions are clear, practicable and consistent with the laws of the Commonwealth and the provisions of these Rules and Regulations.

If no valid or sufficient written instructions shall have been filed- with the Board of Trustees, or if valid and sufficient instructions are in conflict with a later will, and the license holder has left instructions in said will, duly allowed by probate in a court having jurisdiction thereof, subject, however, to a vested right of burial of a surviving spouse, such instructions shall control, provided they are not in conflict with the cemetery rules and regulations then in force and provided the Board of Trustees is furnished with proof of the same.

In the absence of valid and sufficient written instructions filed with the Board of Trustees by the license holder or duly probated will, the rights of burial shall devolve upon those entitled to succeed thereto by the laws of succession of the Commonwealth of Massachusetts.

In a conveyance to two or more persons as joint tenants, each joint tenant has a vested right of burial in the site conveyed. Upon the death of a joint tenant, the right of burial held in joint tenancy immediately vests in the survivors, subject to the vested right of burial of the remains of the deceased joint tenant. A vested right of burial may be waived by a writing acknowledged by a Notary Public and delivered to the governing body of the cemetery and is terminated upon the burial elsewhere of the remains of the person in whom such rights vested. An affidavit by a person having knowledge of the facts setting forth the fact of the death of one joint tenant and establishing the identity of the surviving joint tenants named in the Certificate of License to any grave or lot, when filed with the governing body is complete authorization to the governing body to permit the use of the unoccupied portion of the site in accordance with the directions of the surviving joint tenant(s) or their successor(s) in interest.

Persons arranging for burials should contact and meet with the superintendent who will aid them in effecting the necessary arrangements. A minimum of forty-eight (48) hours prior notice is required to request arrangements for burial. Additional time may apply when arrangements are near a holiday, affected by severe weather or winter related emergencies.

All grave interments shall be made with a concrete or a durable outside container in accordance with specifications determined by the management.

The management reserves the right to permit or grant additional burial rights to those established herein, based on availability of space within a particular grave or lot.

Consistent with the provisions of the section on Memorial and Regulations for Memorial Work, no additional memorials or monuments will be allowed on multiple grave lots.

Service Charges and Payments The governing body shall have the right to fix a charge and time of payment for each interment, disinterment, and removal, and for the performance of any other services rendered by the superintendent. All work and services in connection with such services shall be subject to and supervised by the superintendent.

Any indebtedness due purchase of lot, for work or services per- formed must be paid in full before an interment in the grave may be made, or before a memorial is erected, as the case may be.
Care The High Street Cemetery as operated by said Board of Trustees is a Perpetual Care Cemetery. All money that is designated for the Cemetery is used for Cemetery purposes; a portion is set aside for investment and the proceeds thereof are used to provide perpetual care. The Perpetual Care Fund is to be understood as that care and maintenance necessitated by natural growth and ordinary wear, and includes the management and the care of cutting lawns, cleaning and maintenance of roadways, walks and buildings, pro- vided there is sufficient income funds for these purposes. The Perpetual Care Trust Fund income in no case means the maintenance, repair or replacement any memorial placed or erected upon any lot or grave; nor the planting, cutting, watering or care of any privately planted flowers; nor does it mean the reconstruction of any granite or special work on a lot or grave in the cemetery.

Outside Workers Only management reserves, and shall have, the right to give authorization to any workers, other than employees of the cemetery, before they may do work in High Street Cemetery.

Cemetery Employees Employees of the High Street Cemetery are not permitted to do any work for a license holder or heir, except upon the order of the governing body or management. The Cemetery staff is required to be civil and courteous to all visitors at all times. It is the policy of the Cemetery staff to provide quality care and service to the families at all times and on an equal basis.

Memorials and Regulations for Memorial Work Memorial dealers and/or their workers shall abide by all Rules & Regulations of the Cemetery. Workmen who do not comply with these rules & regulations will not be permitted to work in the cemetery. All workers engaged in placing or erecting monuments or other structures are prohibited from scattering their material over adjoining lots, blocking roads or walks, or from leaving their material on the grounds longer than is absolutely necessary. Any dam- age done to lots, trees, shrubs or other cemetery property by memorial dealers or their workers will be arranged to be repaired by the management of High Street Cemetery and the cost of such repair shall be charged to the dealer.

No monumental work will be allowed to be delivered or set in the Spring until the ground has fully settled and is in proper condition for the commencement of such work.

The erection or moving of any monuments shall be approved by the management. The management reserves the right to stop all work of any nature, whenever, in its opinion, proper preparations therefore have not been made or when work is being done in such manner as to endanger life or property; or when there is evidence of misrepresentation; or when work is not being executed according to approved specifications; or when any reasonable request by the management is disregarded; or when the work is in violation of the Rules & Regulations.

The management will exercise all possible care to protect raised lettering, carving or other ornaments on any memorial or other structure on any grave or lot, however, it disclaims responsibility for any damage or injury thereto.

Management reserves the right to fix the days and hours when memorial work may be performed.

Lettering on monuments or markers is the responsibility of the one ordering work and or the monument company hired to do the work. All lettering must be done during normal cemetery operational hours (Monday-Friday).

No foundation or stone setting may be done on a grave or lot until all fees have been paid in full.

All monuments shall have foundations, with the exception of official U.S. Government or flat markers.

One monument, (either a bench or upright monument) shall be al- lowed only on multiple grave lots owned by a single deed holder.

The upright monument or bench shall be placed in the center of the lot at the head of the lot. The dimensions, composition and complete description of all monuments or benches, must be submitted to the Board of Trustees for approval prior to their being erected.

Single grave lots are permitted to have only a bevel marker, slant stone or flat marker. Bevel markers, slant stone markers or flat markers shall be placed in the center and at the head of the grave site. Prior to being erected, the dimensions, composition and complete description of all said markers must be submitted to management for approval. Benches and Upright Monuments are not permitted on single grave lots.

The license holder, its heirs and its authorized agents (memorial dealers) shall abide by all the rules & regulations of the cemetery operated by High Street Cemetery Association.

The management reserves the right to approve and prescribe the kind, size, design, quality, and material of memorials, inscriptions, monuments and markers placed in the cemetery. All memorials and inscriptions are subject to the approval of management, further delegated to the treasurer for approval.

Memorials deemed by management to be obscene, offensive or un- reasonable will be rejected.

License holder and/or memorial dealer shall submit a detailed drawing and design of the memorial at the time of ordering its foundation. The memorial contractors will supply a certificate of insurance to management before work is performed in the cemetery.

All memorial work or permanent placement of a memorial shall take into account the wishes of the license holder of said lot or grave and/or the heirs if the licensee is deceased. Notwithstanding any provisions to the contrary, the location and position in which any memorial is to be placed or erected shall be entirely subject to approval of the Board of Trustees and under the supervision of the superintendent.

Memorial employees, in placing or erecting memorials or bringing materials in regard to such work, shall operate in a safe and efficient manner at all times. As independent contractors, they shall be responsible for their work as well as any damage to other memorials and/or cemetery grounds. All work must conform to the cemetery rules & regulations.

For dimension, foundation and base requirements for all grave memorials reference should be made to the Definitions for each type of grave memorial. Said provisions are hereby incorporated herein by reference.

Grading and Improvements The management reserves the right to do all grading, landscaping work, improvements of any kind, and all care of lots and graves; likewise to plant, trim, cut or remove all trees, shrubs and herbage within the cemetery grounds. Any and all improvements or alterations in the cemetery will be under the direction of and subject to the approval of the management. The management reserves the right to use legally approved chemical applications to beautify and protect the cemetery grounds.

Right to Re-plot The following rights and privileges are hereby reserved to the Governing Body and/or management to be exercised at any time for the erection of buildings, for any purpose or use connected with, incident to, convenient for, the care, preservation of, preparation for interment of the deceased or other cemetery purpose; to survey, enlarge, diminish, re-plot, alter in shape or size or otherwise change all or part of a portion of any cemetery, including to establish, close or otherwise modify the roadways and walks.

No Easements Granted No easement or right is granted to any license holder in any road, drive, walkway within the cemetery, but such roads, drives, walk- ways, may be used as means of access to the cemetery and its buildings as long as management designates said areas for such purposes.

Loss or Damage The management disclaims all responsibility for loss or damage be- yond its reasonable control, and especially from damage by an act of God, the elements, insurrections, riots, order of any military or civil authority, thieves, vandals, strikers, malicious mischief makers, explosions, unavoidable accidents, or any cause similar or dis- similar beyond management’s control, whether the damage be direct or collateral. In the event it becomes necessary to reconstruct, or repair any section of the cemetery, including graves or any portion thereof, management shall give written notice of repairs to its license holders or heirs of record or necessity of repairs. If it is the responsibility of the license holder or its heirs to repair said dam- age, then said notice shall be sent to the last known address of the license holder and if the holder does not repair the damages in a reasonable time, the management may direct the repairs to be made and charge the expense to the license holder of record.

Use of Cemetery and Conduct within Cemetery

*The use of motorized vehicles and any other forms of transportation, other than authorized vehicles, are limited to roadways, paved or unpaved, and are specifically excluded from walk- ways and grassed areas.

*Speed shall be limited to fifteen miles per hour maximum (15 MPH).

*Parking on the grass is prohibited.

*All recreational activities including but not limited to sledding, skiing, ice skating, skateboarding, and roller blading, are not allowed in the Cemetery.

*Snowmobiles, go-carts, scooters or any other types of recreational motorized or mechanized vehicles are not allowed.

*No signs or notices or advertisements of any kind shall be allowed in the cemetery unless placed by the management.

*All persons are prohibited from any disrespectful use of the Cemetery.

*Children are not permitted to climb or play on monuments.

*Loitering, play or other boisterous activity within the Cemetery is prohibited.

*Alcoholic beverages are prohibited on the Cemetery grounds at all times.

*The governing body shall in no way be held liable for any injuries sustained by anyone while in the Cemetery.

*Water spigots are located throughout the cemetery grounds. Please be sure to turn water off completely when not in use. Water is turned off for the Winter season on or before November 1st and is turned on for the Spring/Summer/Fall season on or before May 1st.

*Trash receptacles are located throughout the Cemetery grounds. Please discard all old flowers, paper and pots in these receptacles. Deposit of household trash is strictly prohibited. Please do not discard anything in the woods surrounding the cemetery.

License Holder’s Change of Address It shall be the duty of the license holder grantee, and their heirs to notify the management of any changes in its mailing address. No- tice sent to the license holder at the last address in the records shall be considered sufficient and proper legal notification.

Acceptance & Approval Persons aggrieved by these rules & regulations and/or their interpretation or application by management have the right of appeal when made in writing to the Board of Trustees.

The statement of any employee of the cemetery shall not be binding upon management, except as such statement coincides with the document conveying the right of interment and with the rules & regulations.

The High Street Cemetery Association, through its governing body, reserves the right at any time to change, amend, alter, repeal, rescind, or add to these rules & regulations or to any part thereof, or to adopt any new rule & regulation with respect to its cemetery or anything pertaining thereto.

The following rules & regulations were approved by the governing body.

For further information including sales please contact-

Adam Reed 781.724.7193