In the name of the Commonwealth of Massachusetts you are hereby directed to notify and warn the inhabitants of said Town qualified to vote in elections and Town affairs to meet in the Community Center Gymnasium, 100 Oak Street in said Town on Monday, May 6, 2002, at 7:00 P.M., then and there to act on the following articles:

TOWN OFFICERS AND COMMITTEES

ARTICLE 1. To choose various Town Officers and Committees.

THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND ADOPTED. CUSTOMARY ARTICLE. VOTE 7 TO 0.

REPORTS OF TOWN OFFICERS AND COMMITTEES

ARTICLE 2. To hear the reports of all Town Officers and Committees for the year 2001.

THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND ADOPTED. CUSTOMARY ARTICLE. VOTE 7 TO 0.

ELECTED OFFICIALS SALARIES

ARTICLE 3. To see if the Town will vote to fix the salaries of the elected officials of the Town for the fiscal year commencing July 1, 2002 and ending June 30, 2003 as follows:

Selectmen (5) $1,500.00 (each)

Moderator $300.00

Town Clerk $50,932.00

Water Commissioners (3) $500.00 (each)

and to act fully thereon.

THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND ADOPTED AS FOLLOWS:

SELECTMEN (5) $1,500.00 (EACH)

MODERATOR 300.00

TOWN CLERK 50,932.00

WATER COMMISSIONERS (3) 500.00 (EACH)

TO SET SALARIES OF ELECTED OFFICIALS. VOTE 7 TO 0.

BUDGET

ARTICLE 4. To see if the Town will vote to raise and appropriate or transfer from available funds such sums of money as may be required to defray Town charges for the Fiscal Year 2003 and to act fully thereon. (BUDGET – SEE APPENDIX B). Estimated cost: $37,010,739.00.

THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND ADOPTED. ESTIMATED COST: $36,870,617.00. TO FUND TOWN GOVERNMENT. VOTE 7 TO 0.

FUND NEGOTIATED CONTRACT – POLICE SUPERIOR OFFICERS

ARTICLE 5. To see if the Town will vote to raise and appropriate or transfer from available funds a sufficient sum of money to be added to the FY 2003 Police Department budget to implement the new contractual agreement between the Harwich Police Department Superior Officers Association and the Town of Harwich, and to act fully thereon. By request of the Board of Selectmen. Estimated cost: $_____________.

NO RECOMMENDATION PENDING FURTHER INFORMATION.

FUND NEGOTIATED CONTRACT – HIGHWAYS & MAINTENANCE

ARTICLE 6. To see if the Town will vote to raise and appropriate or transfer from available funds a sufficient sum of money to be added to the FY 2003 Division of Highways and Maintenance budget to implement the new contractual agreement between the Highways and Maintenance Employees Association and the Town of Harwich and to act fully thereon. By request of the Board of Selectmen. Estimated cost: $_____________.

NO RECOMMENDATION PENDING FURTHER INFORMATION.

FUND NEGOTIATED CONTRACT – WATER DEPARTMENT

ARTICLE 7. To see if the Town will vote to raise and appropriate or transfer from available funds a sufficient sum of money to be added to the FY 2003 Water Department budget to implement the new contractual agreement between the Harwich Water Employees Association and the Town of Harwich and to act fully thereon. By request of the Board of Selectmen. Estimated cost: $_______________.

NO RECOMMENDATION PENDING FURTHER INFORMATION.

AMEND PERSONNEL BY-LAW/COMPENSATION PLAN

ARTICLE 8. To see if the Town will vote to raise and appropriate or transfer from available funds a sufficient sum of money to amend the Personnel By-law compensation plan for FY 2003 as follows:

NON-UNION EMPLOYEES
EFFECTIVE JULY 1, 2002

TITLE	LEVEL	STEP 1	STEP 2	STEP3	STEP 4	STEP 5	STEP 6


FIRE CHIEF	PB-14	$60,384	$63,296	$66,351	$69,561	$72,927	$76,465

COMPUTER COORDINATOR
DEPUTY FIRE CHIEF
DIRECTOR, HIGHWAYS &
MAINTENANCE	PB-13	$54,974	$57,614	$60,384	$63,296	$66,351	$69,561
POLICE CAPTAIN
TOWN ENGINEER
WATER SUPERINTENDENT

DEPUTY ASSESSOR
TOWN ACCOUNTANT	PB-12	$50,065	$52,460	$54,974	$57,614	$60,384	$63,296

ASST. TOWN ADMINISTRATOR
BUILDING COMMISSIONER
CONSERVATION ADMINISTRATOR
GOLF DIRECTOR
GOLF SUPERINTENDENT	PB-11	$45,612	$47,785	$50,065	$52,460	$54,974	$57,614
HEALTH DIRECTOR
NATURAL RESOURCES DIRECTOR
TOWN PLANNER

CHANNEL 18 STATION MANAGER
HEAD LIBRARIAN
RECREATION DIRECTOR	PB-10	$41,576	$43,547	$45,612	$47,785	$50,065	$52,460
TREASURER/TAX COLLECTOR
PERSONNEL DIRECTOR

COMMUNITY CENTER MANAGER
DIRECTOR, COUNCIL ON AGING	PB-9	$37,912	$39,699	$41,576	$43,547	$45,612	$47,785
YOUTH COUNSELOR


	PB-8	$34,592	$36,213	$37,912	$39,699	$41,576	$43,547



NON-UNION EMPLOYEES
EFFECTIVE JULY 1, 2002

ADMINISTRATIVE SECRETARY	PB-7	$31,578	$33,046	$34,592	$36,213	$37,912	$39,699


HEAD CLERK	PB-6	$29,194	$30,526	$31,917	$33,345	$34,929	$36,551

BOARD OF APPEALS SECRETARY
CEMETERY ADMINISTRATOR	PB-5	$26,493	$27,645	$28,853	$30,176	$31,578	$33,046


PRINCIPAL CLERK	PB-4	$24,677	$25,718	$26,897	$28,113	$29,407	$30,719


SENIOR CLERK	PB-3	$22,409	$23,357	$24,353	$25,397	$26,493	$27,645

CLERK/TYPIST
TRANSFER STATION	PB-2	$20,649	$21,509	$22,409	$23,357	$24,353	$25,397
GATEKEEPERS/MONITORS
LABORERS


YEAR-ROUND, PART-TIME
EFFECTIVE JULY 1, 2002:
TITLE	LEVEL	STEP 1	STEP 2	STEP 3

PLUMBING,WIRING,GAS	PB/PT-
INSPECTORS	12	$15.92	$16.65		TWO STEPS ONLY.

BOARD SECRETARY	PB/PT-9	$13.13	$13.74		TWO STEPS ONLY.

BOARD CLERK	PB/PT-8	$12.20	$12.75		TWO STEPS ONLY.

SEALER WEIGHTS AND
MEASURES	PB/PT-6	$10.82	$11.30		TWO STEPS ONLY.

REGISTRARS OF VOTERS	PB/PT-3	$9.40	$9.85		TWO STEPS ONLY.

LIBRARY PAGE	PB/PT-2	$6.63	$6.90		TWO STEPS ONLY.

SPECIAL POLICE OFF.	PB/SP-4	$13.98	$14.62	$15.33	THREE STEPS ONLY.

and to act fully thereon. By request of the Board of Selectmen. Estimated cost: $51,346.00.

THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND ADOPTED. ESTIMATED COST: $51,346.00. TO FUND COST OF LIVING INCREASES FOR NON-UNION EMPLOYEES. VOTE 7 TO 0.

COMPENSATING BALANCE AGREEMENT

ARTICLE 9. To see if the Town will vote to authorize its Treasurer to enter into a compensating balance agreement or agreements with banking institutions for fiscal year 2003 pursuant to Chapter 44, Section 53F of the General Laws and to act fully thereon. Customary article.

THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND ADOPTED. CUSTOMARY ARTICLE. VOTE 7 TO 0.

LIABILITY TIDAL/NON-TIDAL RIVERS

ARTICLE 10. To see if the Town will assume liability in the manner provided by Section 29 of Chapter 91 of the General Laws as amended by Chapters 516 and 524, Acts of 1950, for all damages that may be incurred by work to be performed by the Department of Public Works of Massachusetts, for the improvement, development, maintenance and protection of tidal and non-tidal rivers, streams, harbors, tidewaters, foreshore and shores along a public beach outside of Boston Harbor, including the Merrimack and Connecticut Rivers in accordance with Section 11 of Chapter 91 of the General Laws and to authorize the Selectmen to execute and deliver a bond of indemnity to the Commonwealth. Customary article.

THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND ADOPTED. CUSTOMARY ARTICLE. VOTE 7 TO 0.

CAPITAL PLAN ADOPTION

ARTICLE 11. To see if the Town will vote to adopt the Capital Plan for the ensuing seven year period as adopted last year by the Town Meeting with new fiscal year 2009 as proposed by the Board of Selectmen and set forth below or as amended by vote of the Town Meeting, and to act fully thereon. By request of the Board of Selectmen.

THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND ADOPTED. PRUDENT FINANCIAL PLANNING. VOTE 7 TO 0.

FUND HUMAN SERVICES AGENCIES

ARTICLE 12. To see if the Town will vote to raise and appropriate or transfer from available funds ($72,807.00) Seventy-Two Thousand, Eight Hundred Seven and 00/100 Dollars to help defray the expenses of the following named Human Services Agencies and Organizations, said funds to be expended under the direction of the Board of Selectmen:

Agency/Organization

Independence House, Inc.

Nauset, Inc.

Harwich Meals on Wheels, Inc.

Cape Cod Council on Alcoholism & Drug Dependency, Inc.

Sight Loss Services, Inc.

Cape Cod Child Development, Inc.

The Family Pantry Corporation

Harwich Ecumenical Council for the Homeless (HECH)

(includes Children’s Community Center & Youth Ministry)

South Shore Mental Health

Cape Cod Human Services, Inc.

Legal Services for Cape Cod and Islands, Inc.

Lower Cape Outreach Council, Inc.

Interfaith Council for the Homeless of Lower Cape Cod

Eastwind Serve

CARE (Cape Aids Resource Exchange and Services)

and to act fully thereon. By Petition. Estimated cost: $72,807.00.

NO RECOMMENDATION PENDING FURTHER INFORMATION.

PROJECT CONTEMPORARY COMPETITIVENESS

ARTICLE 13. To see if the Town will vote to raise and appropriate or transfer from available funds for the Board of Selectmen and School Committee to award scholarships to eighth and ninth grade Harwich students to participate in Project Contemporary Competitiveness at Bridgewater State College; said monies to be used to defray the cost of tuition and related expenses, and to act fully thereon. By request of the School Committee. Estimated cost: $8,000.00.

THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND ADOPTED. TO TAKE ADVANTAGE OF AN EDUCATIONAL OPPORTUNITY. VOTE 7 TO 0.

PURCHASE VARIOUS NEW EQUIPMENT

ARTICLE 14. To see if the Town will vote to raise and appropriate or transfer from available funds a sufficient sum of money to purchase and equip the following equipment for use by various Town Departments:

Estimated cost:

Golf Department

One (1) Rough Mower $35,000.00

One (1) Triplex Apron Mower $25,000.00

Two (2) Triplex Tee Mowers $50,000.00

Division of Highways & Maintenance

One (1) Front Mount 72" Mower (Parks) $15,025.00

and to act fully thereon. By request of the Board of Selectmen. Estimated cost: $125,025.00.

THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND ADOPTED. NECESSARY FOR PROPER MAINTENANCE OF GOLF COURSE AND PARKS. ESTIMATED COST: $100,025.00. VOTE 7 TO 0.

CHAPTER 90 ROAD MAINTENANCE

ARTICLE 15. To see if the Town will vote to raise and appropriate, transfer from available funds, and/or borrow in accordance with Chapter 44 of the Massachusetts General Laws, or any other authorizing authority, the sum of Three Hundred Twenty Two Thousand Seven Hundred Ninety Seven and 94/100 ($322,797.94) Dollars to be reimbursed by funds made available by the Massachusetts Legislature as the State’s contribution for local road construction work under Chapter 90 of the General Laws (funds authorized under Chapter 235 of the Acts of 1999), and to act fully thereon. By request of the Director of Highways & Maintenance. Estimated cost: $322,797.94.

THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE ADDEPTED AND ADOPTED. COST: $322,797.94. NECESSARY FOR ROAD MAINTENANCE. VOTE 7 TO 0.

MAINTAIN/UPDATE/CERTIFY REAL/PERSONAL PROPERTY TAX VALUATIONS

ARTICLE 16. To see if the Town will vote to raise and appropriate or transfer from available funds a sufficient sum of money to maintain, update, and/or certify real and personal property valuations, and to act fully thereon. By request of the Board of Assessors. Estimated cost: $90,000.00.

THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND ADOPTED. ESTIMATED COST: $62,000.00. TO UPDATE TOWN ASSESSMENTS. VOTE 7 TO 0.

CEMETERY RULES & REGULATIONS

ARTICLE 17. To see if the Town will vote to approve the revised Harwich Cemetery Department Rules and Regulations, as submitted by the Harwich Cemetery Commission, and to act fully thereon.

Town of Harwich – Cemetery Department

Rules & Regulations

Adoption

The following Rules and Regulations, adopted by the Town of Harwich, shall govern the operation and management of all Town-owned Cemeteries, as provided for under Massachusetts General Laws, Ch. 114, and the Town of Harwich Home Rule Charter, s.7-15. Any prior rules and regulations are hereby rescinded.

Town Cemeteries

The Town of Harwich operates and/or maintains 16 active and inactive cemeteries. Active cemeteries are those in which burial lots remain available for licensing assignment to residents of the Town, and Town employees. Inactive cemeteries are those in which NO lots remain available for licensing assignment.

Active Cemeteries

Evergreen Cemetery, Route 137 and Cemetery Road, East Harwich

Island Pond Cemetery, Harwich Center

Mount Pleasant Cemetery, South Street, Harwich Port

Hawks Nest Cemetery, corner of Spruce and Walker Roads, East Harwich

Kelley Cemetery, Off Main Street, North Harwich

South Harwich Cemetery, Old Chatham Road, South Harwich

Inactive Cemeteries

Bank Street Burial Ground, Bank Street, near Long Road

Baptist Church Cemetery, Depot Street, West Harwich

Congregational Church Cemetery, Harwich Center, near church

Herring River, West Harwich, Herring River, West Harwich

Lothrop Cemetery, Off Lothrop Ave., West Harwich

Methodist Church Cemetery, corner Queen Anne Rd. & Church Street, EH

North Harwich Cemetery, corner Depot St. & Old Chatham Rd., NH

Old Methodist Cemetery, Queen Anne Rd., East Harwich

Old Smith Cemetery, Bells Neck Road, West Harwich

Ryder Cemetery, Route 39 near water tower

Management

Under the administrative direction of the Town Administrator and the Cemetery Commissioners, the Cemetery Department shall have overall responsibility for the proper management of Town Cemeteries in accordance with these rules and regulations and applicable Federal and State laws. Under the general direction of Cemetery Management, subject to policies adopted by the Cemetery Commission, the Cemetery Foreman shall have direct responsibility for the day-to-day operation and maintenance of Town Cemeteries. As such, the Cemetery Department staff, under the direction of the Cemetery Foreman, shall be responsible for the enforcement of these Rules and Regulations.

MGL Ch.114, s.22, establishes the Town Board of Cemetery Commissioners, and appointment of Members, and the Town of Harwich Home Rule Charter. Duties of the Cemetery Commissioners are proscribed under MGL, Ch.114, s.23 and the Town of Harwich Home Rule Charter, s.7-15.

Cemetery Office

The Cemetery Office, located at the Highways and Maintenance Building at 273 Queen Anne Road, is open daily, per hours posted. It is closed Saturday, Sundays, and Federal/State holidays. Tel: 508-430-7549. An answering machine/pager is maintained to notify Cemetery Department personnel in the event of emergency needs.

Service Hours

Except when special arrangements are made, FORTY-EIGHT HOURS (48) advance notice to Cemetery Management, no services will be provided beyond normal working hours, or on Sundays and holidays.

Visiting

Town Cemeteries are open to visitors from sunrise to sunset, seven days a week, throughout the year. Visitors are requested to bear in mind that the Cemeteries are consecrated to the memories of those interred. Dignified behavior is required at all times.

Prohibitions

1. Vehicles shall proceed cautiously, and travel cannot exceed 15 MPH in any Town Cemetery. Violators will be subject to a speeding fine.

2. Riding/Driving is not permitted upon lawns, walkways, and footpaths, or grassed areas.

3. Horseback riding, motorcycling, roller skating, in-line skating, skateboarding, or any other type of recreational sport or similar activity are prohibited, except under Harwich Schools Department supervision, and with prior written approval of the Cemetery Commission. The Town is not liable for any injuries sustained by any person in the performance of any recreational activity within Cemetery property.

4. Any activities that encroach on individual lots or graves.

5. Children must be accompanied by a parent/guardian/family-related adult within any Cemetery.

6. Animals are prohibited except for those that provide assistance to, and are accompanied by a physically impaired person.

7. Intoxicating beverages are prohibited within all cemeteries.

8. No grading, mowing or fertilizing shall be allowed other than by authorized Cemetery personnel.

9. No sod/ground shall be broken, by Funeral Directors/grave openers/monument companies/the public at large, without authorization of the Cemetery Department.

10. All persons are strictly forbidden to break or injure any tree or shrub, or mark any landmark or marker, or in any way deface the grounds of the cemeteries.

11. No urns, fences, curbing, hedges, trees, or shrubs of a rampant-growing type, are permitted around or upon any grave or lot in a Town Cemetery.

12. No mounds, borders or enclosures of any kind are permitted on or around any grave.

13. Vigil lights/candles/crushed stone/bark are not permitted around monuments/markers.

14. Glass containers or glass ornaments of any type are prohibited.

15. Burial of animal remains is not permitted.

16. No signs or lettered wooden boards of any kind are permitted on a gravesite.

17. Bringing firearms into a Cemetery is strictly prohibited, except by a military escort accompanying a Veteran’s funeral or attending memorial services.

18. The Cemetery Department staff may remove from cemetery lots any plant or object they consider objectionable or injurious to the uses, purposes and uniform aesthetics of any cemetery, or in violation of any of the Rules and Regulations governing its operation.

Decorative Items Allowed

1. All planting of any kind must obtain prior approval from Cemetery Department personnel. The Cemetery Department reserves the right to remove any tree/planting situated in any plot of land, by means of its roots or branches, or otherwise, that becomes detrimental to any lot, adjacent lots, avenues/paths, if said items(s) are determined dangerous, inconvenient, or detract from the appearance of the cemetery.

2. Fresh cut flowers at any time; flowers/plants are required to be in lined clay pots with a maximum of 12 inches in diameter.

3. Ground level cemetery flower containers, metal flower-holders, wooden and metal flower boxes and baskets, are only permitted upon, or at the base, of a monument or marker.

4. Natural or artificial winter decorations, wreaths, cemetery log boxes, and Christmas sprays of Evergreens are permitted from November 1 to March 1.

5. Annual and perennial flowers must be planted as close to the base of a monument/marker, so as to not interfere with maintenance department procedures.

6. Evergreens and plantings placed beside a central memorial are required to be of the smaller (dwarf) variety, so that growths of roots, or height or breadth, do not interfere with the rights of adjoining lot or grave.

7. Artificial flowers, properly secured are permitted from November 1 to May 1.

8. Veteran’s flags and holders, provided by the Veterans of Foreign Wars, are permitted year-round. Flags will be replaced annually, preceding Memorial Day, as needed.

9. The Cemetery staff shall remove decorative herbaceous items if, in their judgement, they have become wilted, decayed or unsightly.

10. The Town of Harwich/Cemetery Department is not liable for items left on/around a grave.

11. Cemetery personnel will remove funeral floral arrangements seven (7) days following their placement.

12. In deference to the bereaved, items will be permitted on a lot only for a limited time.

13. A bench (marble, granite, stone or similar impervious material) will be allowed on a lot only as the permanent, central, inscribed, family memorial.

14. A birdhouse, attached to a tree, is subject to approval of the Cemetery Foreman.

15. The Town is not responsible or liable for loss or damage to flowers, flags, containers, holders, or statuary due to weather, vandalism, theft, or maintenance procedures.

Cemetery Maintenance and Repair

1. Improvements within the grounds, and upon lots, are made only by authorized Town of Harwich personnel, or by consent of Cemetery Management.

2. The Cemetery Department may, at any time, lay out, alter, or eliminate sections of roadways or walkways, or change grades in a manner that, in their opinion, will maximize on the appropriate usage of the cemetery property without jeopardizing its aesthetic qualities. The right to enlarge, reduce, subdivide or change the boundaries or a section or sections, 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 thereof, is hereby reserved.

3. Descriptions of lots will be in accordance with the Cemetery plans that are on file in the Cemetery Office, and in the office of the Town Engineer.

4. Gravestone repairs or rubbings are prohibited without the specific authorization of the Cemetery Commission, or a designated agent.

5. The Town reserves 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 adoption of these Rules and Regulations, by licensee or otherwise, including the right of removal without notice, when it considers such removal necessary.

6. Concerns/complaints shall be brought to the attention of the Cemetery Management, who, if unable to make a satisfactory adjustment, will refer the matter to the Cemetery Commission for final arbitration.

Burial Lot Licensing

Subject to the availability of space, Town of Harwich Residents and Town Employees are eligible to purchase rights to burial space in an Active Cemetery. Grave lots are as follows:

3'4" x 8 - 10' One (1) full earth burial & one (1) inurnment, OR two (2) inurnments

4' x 3' Four (4) Cremation inurnments

1. The Cemetery Commission reserves the right to make changes in the Cemetery Fee schedules as warranted.

2. Application for Right of Burial (License) can be obtained from the Cemetery Office, and the Town Clerk Registered Voter List, and/or the Board of Assessors will verify residency.

3. Town-maintained Cemeteries are nondenominational and all burial space is available to qualified Town applicants regardless of religious affiliation.

4. The right granted to the licensee of any grave is a sole and exclusive right of burial of the human dead and of the erection of monuments or markers, subject to the terms, conditions and regulations, as they may exist from time to time.

5. Purchase of burial rights carries an implicit understanding that only family members are grantees, unless otherwise specified by a notarized assignment of burial rights.

6. On the decease of a proprietor, a lot passes to his heir-at-law (MGL.Ch.114, s.29), unless specifically devised by will or by a deed of trust (subject to Ch.190, sec.3).

7. When a lot is paid for, a certificate of authorization is issued, for the burial of human remains only.

8. No interment is permitted until burial right to a gravesite has been purchased in full.

9. The executed Deed to Burial Space grants to the holder only the right of interment, or inurnment, within such lot, or its use for burial purposes for the grantee or family, heirs and/or devisees. Friends may be interred only upon written provision of the Deed holder.

10. Sale of burial rights is limited to three (3) burial spaces per family; requests to purchase in excess of the limit will be considered on a case-by-case basis.

11. It is the duty of the Licensee to notify the Cemetery Department of changes in mailing address. Notice sent to a Licensee at the last address on file in the Cemetery Office will be considered sufficient and proper legal notification for all purposes.

12. A Licensee may not sell their Rights in a Lot or Burial Space other than to the Town of Harwich. As provided for under MGL Ch.114, compensation shall be no greater than the original purchase price.

13. The Town reserves the right to correct any errors made in the description, transfer or conveyance of any interment rights or property, either by canceling such conveyance and substituting and conveying in lieu thereof interment property or burial rights of equal value and similar location as far as possible, or as may be selected by Cemetery Management. In the event such error involves the interment of the remains of any person in such burial rights or property, the Town reserves the right to remove and/or transfer such remains to such other property or burial rights of equal value and similar location as may be substituted and conveyed in lieu thereof.

14. The Cemetery Department and/or Management will not be responsible for any errors made by any improper inscription on any memorial.

Cemetery Fees

A License fee, based on the number of graves contained in a burial plot, is required to be paid at the time of application.

A Perpetual Care fee covering the following services shall be paid at the time of the license applications:

· Maintaining grade of a grave

· Maintaining grass on a grave (unless in the natural area)

· Removal of dead flowers, leaves (seasonal) and debris

Landscape maintenance of burial lots is the sole responsibility of the Cemetery Department. Re-landscaping of burial lots by private individuals is prohibited.

Interments and Disinterments

All interments and disinterments are made subject to the orders and laws of the properly constituted authorities of the Town, County, and Commonwealth of Massachusetts. No interments will be permitted until Cemetery management has been provided with a Burial Permit, as required by laws of the Commonwealth, and an Interment Order, which has been signed by the Licensee or a legal representative.

Disinterments from the cemetery may be made upon final order of a court having jurisdiction. In the absence of such an order, no disinterment from the cemetery will be made without the consent of the Cemetery Administrator and the written authorization of the persons entitled thereto.

Forty-eight (48) hour notice must be provided to the Cemetery Department when making arrangements for interments. Sunday and holiday interments are not permitted except in cases where an extreme hardship would result.

Grave orders must be placed before noon on the Friday preceding a Monday burial. Grave orders received after noon on Friday will be scheduled no earlier than the following Tuesday. All burials are required to be performed in coordination with, and under the general direction of, Cemetery Management.

The Cemetery Foreman has the right to refuse a funeral when, in his/her best judgement, conditions within the Cemetery make the burial unsafe and/or impassable.

Only single depth interments are permitted. All interments are to be in a concrete box (liner) of one-piece construction with one or two-piece cover sufficient to permanently support the weight above it. Liners must be placed into the grave prior to graveside services.

The Town of Harwich requires PRIOR written authorization for all interments, via the Town of Harwich Cemetery Department INTERMENT ORDER form. Interment order forms must be filled in, and signed by a family member/authorized representative, and submitted to the Harwich Cemetery Department PRIOR to interment. Interments are permitted only when authorized by a Cemetery Department representative. All interments must be performed only by those authorized by the Harwich Cemetery Department. Violation of this regulation will result in a $50 fine to be applied to any individual(s) who performs an unauthorized interment. It is mandatory that burial permits and cremation certificates be given to the entity/organization that maintain cemetery records.

Prior to interment and upon receipt of a completed interment order form, a grave will be flagged or otherwise demarcated by a designated Cemetery agent prior to the opening. Only an authorized contractor under the coordination of the Cemetery Management is permitted to make interments and disinterments. When an interment is to be made in a lot, the Licensee is required to designate the location of such interment. If the Licensee fails to or neglects to make such designation, Cemetery Management reserves the right to authorize/designate the interment location. The Town is not responsible for disinterments of remains that have not been interred in a permanent container.

The Town reserves the right to correct any errors that may be made when making interments or disinterments and can not be held liable due to the failure of any device to operate normally or to conditions which may develop beyond its control.

Interment orders are not valid unless provided in writing on a Town of Harwich interment form; telephone orders are not accepted. The Town of Harwich is not responsible or liable for any error occurring from the want of precise and proper instructions from family and/or funeral home personnel, as to the particular space, size of grave, and location in a plot, where interment is desired. The family, or legal representative of the deceased, is required to furnish the original Deed to a lot, or copy thereof, prior to interment.

Records of interments are maintained both at the Cemetery Office and the Town Clerk’s office in Harwich.

Veteran’s Lots or grave space may be used for the interment of any resident Veteran, without charge. Said space is set aside for the burials of Veterans residing in the Town at the time of their enlistment into the Service and/or at the time of their death, verified by the Veteran’s Agent, and subject to the approval of the Cemetery Commission.

Single grave space may be made available, without charge, to those homeless or indigent, within the Town at the time of death. Unmarked graves may be made available, without charge, for the burial of the stillborn or very young infants.

Monuments, Markers, and Foundations

The Licensee has the right to erect a memorial, monument and/or flush head/foot marker, which cannot exceed the dimensions listed in the Cemetery specifications listed below, and are required to be set on suitable foundations. Cemetery Management is required to have written notification

prior to any foundation work/memorial placement, with all information outlined and submitted on a Cemetery Department Monument Permit Order. Prior to the initiation of any monument work, the lot must be marked/flagged by Cemetery Department personnel. Monuments are required to be set in such manner that they will not conflict with the alignment of neighboring monuments.

· Only one (1) upright, or one (1) flush marker is permitted on single grave lots.

· Only one (1) flush marker is permitted on cremation lots.

· Corner bounds (granite, marble, etc.) must be installed flush with the ground.

· Upright monuments and flat markers will have foundations constructed in accordance with Cemetery specifications.

· All monuments, stones or grave markers are required to have a 4-inch concrete border around the base, set at grade level.

· No upright emblems are permitted, except flag holders on Veterans’ graves only.

· Cemetery Department personnel exercises care to protect raised lettering, carving or ornaments on monuments/markers, it is not responsible for any damage during routine maintenance or when caused by vandalism.

· Non-conforming monuments or markers are not permitted.

Specifications for Monuments and Markers

The Licensee, having the right to erect memorial stones or monuments, cannot exceed the following dimensions:

Maximum Dimensions for Monuments:

1-grave area 2' x 1' base, centered at head oF lot, not to exceed…20" in height

2-grave area 3'6" x 1'2" base, centered at head of lot

3-grave area 3' x 1'2" base, centered at head of lot (consecutive)

4 consecutive graves 5' x 1'4" base, centered at head of lot

All bases are to have an exposed edge of 2-inches at the sides, and 3-inches at the length (front and back), and overall height cannot exceed 42-inches from the ground surface. Exception: Erection of an Obelisk or a Family Mausoleum is subject to prior approval by the Cemetery Commission.

Maximum Dimensions for Markers

Flush Single 2'4" length x 1'4" width x 4" thickness

Flush Double 3' length x 1'4" width x 4" thickness

Cremation Lot (Single) 2' length x 1'2" width x 4" thickness.

All flush markers are required to be at least 4-inches in thickness. One upright monument will be allowed per family lot consisting of at least two (2) gravesites. Footings for upright monuments are required to be set a minimum of 3' deep below grade. Footings are required for all flat markers and corner markers.

Cremation Lots

Size:....................... 4' width x 3' length (top of bottom edge)

Space:....................... Allowance limited to 4 urns

Cremation remains must be placed in a solid container (single or double) constructed of stone, bronze, similar metal, or marbelon (example: Mackenzie Urn). Containers must be sealed and unmodified as received from a Funeral Service or cremation company. Additionally, if desired, an urn may be placed into a cremation vault, if grave space allows. Cardboard containers are not permitted.

Scattering of cremated remains (ashes) over or upon any lot or gravesite is prohibited within the confines of any cemetery owned and/or maintained by the Town of Harwich.

Only persons officially designated and licensed such as Funeral Directors, or personnel working under the direction of a Funeral Director, or such other professional persons who, after giving proper notice, may be authorized by the Town, will be permitted to perform the inurnment of cremated remains.

Violations

Any person who violates these Rules and Regulations, and/or willfully or neglectfully damages, defaces or destroys Cemetery property, including fences, walls, gates, grounds, authorized signs, markers and monuments, is subject to prosecution, as provided under MGL Ch.114.

Effective Date

The Rules and Regulations, submitted by the Harwich Cemetery Commission, are effective as of the date of Town Meeting approval, and will remain in effect until such time as they are amended or rescinded. Updated 12/2001.

THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE INDEFINITELY POSTPONED. NO PROVISIONS FOR ENFORCING. VOTE 7 TO 0.

ESTABLISH ADMINISTRATIVE FEE FOR PROCESSING BURIAL REQUESTS

ARTICLE 18. To see if the Town will vote to support a vote of the Cemetery Commissioners and approve a $50 administrative fee that would be returned to the General Fund, in order to defray the administrative costs associated with processing burial requests, and to act fully thereon. By request of the Cemetery Commission.

THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND ADOPTED. TO DEFRAY TOWN COSTS. VOTE 5 TO 2.

DEFRAY EXPENSES - CHASE AND HARWICH PORT LIBRARIES

ARTICLE 19. To see if the Town will vote to raise and appropriate or transfer from available funds a sufficient sum of money to help defray the expenses of the Chase Library and Harwich Port Library; said funds to be expended under the direction of the Board of Selectmen, and to act fully thereon. By request of the Board of Selectmen. Estimated cost: $______________.

THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE INDEFINITELY POSTPONED. INSUFFICIENT MONEY AT THIS TIME. VOTE 7 TO 0.

ACCEPT ROAD LAYOUTS

ARTICLE 20. To see if the Town will vote to accept the layouts of the following roads as laid-out by the Board of Selectmen:

Eagles Nest Road

Hallmark Lane

Harding Lane

Sea Pine Knoll

Walden Way

Whelan Road

and to authorize the Selectmen to purchase or take by eminent domain the land or interest in the land within said layouts for use as public ways and to raise and appropriate or transfer from available funds a sufficient sum of money for this purpose, and to act fully thereon. By request of the Board of Selectmen.

THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND ADOPTED. CUSTOMARY ARTICLE. VOTE 7 TO 0.

AMEND BY-LAW – PARKING FOR PEOPLE WITH DISABILITIES

ARTICLE 21. To see if the Town will vote to amend the Town By-law, section 4-13-01 by adding the words “or cross hatch area next to this parking space.” The amended by-law to read as follows:

4-13-01. No person shall park a motor vehicle, motorcycle, or like means of transportation in a designated parking space or cross hatch area next to this parking space that is reserved for vehicles owned and operated by disabled veterans or by handicapped persons unless said vehicle bears the distinctive license plate, placards, or for vehicles transporting a handicapped person, displaying the special identification plate authorized by Section 2 of Chapter 90 of the Massachusetts General Laws, or for any vehicle bearing the official identification of a handicapped person issued by any other state or other legitimate governmental entity.

and to act fully thereon. By request of the Disability Rights Committee.

THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND ADOPTED. TO CLARIFY HANDICAP PARKING REGULATIONS. VOTE 6 TO 1.

AMEND BY-LAW – PARKING FOR PEOPLE WITH DISABILITIES (VIOLATIONS)

ARTICLE 22. To see if the Town will vote to amend the Town By-Law, section 4-13-06 by increasing the fine for parking violations relative to By-law section 4-13-01 from $50 to $200. The amended by-law to read as follows:

4-13-06. The penalty for parking in violation of Section 4-13-01 shall be two hundred ($200.00) dollars and any vehicle parked in violation thereof may be towed according to the provisions of section 22D of Chapter 40 of the General Laws. The Police Department shall enforce the provisions of the By-law.

and to act fully thereon. By request of the Disability Rights Committee.

NO RECOMMENDATION PENDING FURTHER INFORMATION.

REPLACE BOATING COURTESY FLOAT AT ALLEN’S HARBOR

ARTICLE 23. To see if the Town will vote to raise and appropriate or transfer from available funds a sufficient sum of money to replace the boating courtesy float at Allen’s Harbor, and to act fully thereon. By request of the Harbormaster. Estimated cost: $8,000.00.

THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE INDEFINITELY POSTPONED. UNABLE TO AFFORD AT THIS TIME. VOTE 5 TO 2.

NEW WELL SOURCE EXPLORATION & DEVELOPMENT

ARTICLE 24. To see if the Town will vote to raise and appropriate or transfer from available funds a sufficient sum of money for the purpose of New Well Source Exploration as well as including the repair of one well, under the direction of the Board of Water Commissioners and the Superintendent, and to act fully thereon. By request of the Board of Water Commissioners. Estimated cost: $170,000.00.

THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND ADOPTED. ESTIMATED COST: $170,000.00. NECESSARY TO EXPAND WATER SOURCES. VOTE 7 TO 0.

REPAIRS, RESTORATION & MAINTENANCE

OF SOUTH HARWICH MEETING HOUSE.

ARTICLE 25. To see if the Town will vote to raise and appropriate or transfer from available funds a sufficient sum of money to repair, restore and maintain the exterior envelope of the South Harwich Meeting House located on land identified on Harwich Assessor's Map 34, Parcel N3-1; said funds to be expended under the direction of the Board of Selectmen and further to authorize the Selectmen to apply for any grants that may be available to preserve the building as a Federal Registered Historic Building, and to act fully thereon. By request of the Historical Commission. Estimated cost: $6,918.76.

THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND ADOPTED. TO MAINTAIN TOWN OWNED PROPERTY. VOTE 7 TO 0.

TRANSFER VARIOUS PARCELS OF LAND

FOR DEVELOPMENT OF RENTAL HOUSING

ARTICLE 26. To see if the Town will vote to authorize the transfer to the Housing Authority the following parcels of real estate:

1.) Map 50, Parcel C-2, Off Oak Street, Book 10319, Page 293, 13.635 acres

2.) Map 68, Parcels E2, E4, E5 and E6

said land to be used by the Housing Authority for development of rental housing, and to act fully thereon. By Petition.

THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE INDEFINITELY POSTPONED. NOT BEST USE OF TOWN OWNED LAND. VOTE 6 TO 1.

TRANSFER TWO PARCELS OF LAND FOR AFFORDABLE HOUSING

ARTICLE 27. To see if the Town will vote to transfer and dedicate on Assessor’s Map 71, Parcel A1-3, containing approximately 6.5 acres of land, and on Assessor’s Map 71, Parcel A1-4, containing approximately 1.04 acres of land for the construction of affordable housing and to act fully thereon. By request of the Harwich Housing Committee.

THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE INDEFINITELY POSTPONED. THIS IS NOT THE BEST USE OF TOWN OWNED LAND. VOTE 6 TO 1.

AMEND ZONING BY-LAWS – TWO FAMILY DWELLINGS

ARTICLE 28. To see if the Town will vote to amend the Harwich Zoning By-law Section V.E Table 1 – Use Regulations – Paragraph I – Residential Uses, #2 as follows:

2. Two Family Dwelling

R-R R-L R-M RH-1 RH-2 C-V CH-1 CH-2 I-L RH-3 MR-L MRL-1 WR PWS

S S S S S S S S - S S S S S

And further to amend Section S.G. by adding the following:

1. Two Family Dwelling

Special Permits for Two Family Dwellings may be granted upon a determination by the Planning Board that the following additional criteria have been met:

a. The lot area shall contain a minimum of 40,000 square feet of contiguous upland in all applicable zoning districts, however in the Water Resource (WR) Zoning District the minimum lot area shall be 60,000 square feet of contiguous upland.

b. The floor area for each dwelling unit shall be a minimum of 800 square feet.

c. A common roof or a series of roofs shall connect the dwelling units.

d. There shall be two (2) off street parking spaces per each unit.

and to act fully thereon. By request of the Planning Board.

NO RECOMMENDATION PENDING FURTHER INFORMATION.

AMEND ZONING BY-LAWS – RESIDENTIAL USES

ARTICLE 29. To see if the Town will vote to amend the Harwich Zoning By-law Section V.E Table 1 – Use Regulations – Paragraph I – Residential Uses, #11 as follows:

11. Apartments Incidental to Commercial

R-R R-L R-M RH-1 RH-2 C-V CH-1 CH-2 I-L RH-3 MR-L MRL-1 WR PWS

- - - - - S¹ S¹ S - - - - - -

~~¹In the Village Commercial Overlay District only~~.

and to act fully thereon. By request of the Planning Board.

NO RECOMMENDATION PENDING FURTHER INFORMATION.

AMEND ZONING BY-LAWS – COMMERCIAL USES

ARTICLE 30. To see if the Town will vote to amend the Harwich Zoning By-law Section V.E Table 1 – Use Regulations – Paragraph IV – Commercial Uses #24 and #25 as follows:

24. Removal of sand gravel, quarry or other raw material (see Section ~~XIII A~~ XV)

25. Processing and treating of mixed and quarried raw material including operations appurtenant to the taking, grading, drying, sorting, crushing, grinding, and milling operations (see Section ~~XIII A~~ XV).

NO RECOMMENDATION PENDING FURTHER INFORMATION.

AMEND ZONING BY-LAWS – USE REGULATIONS

ARTICLE 31. To see if the Town will vote to amend the Harwich Zoning By-law Section V.E. Table 1 – Use Regulations as follows:

Paragraph I – Residential Uses #10. Underground fuel storage tanks as permitted by other applicable laws.

R-R R-L R-M RH-1 RH-2 C-V CH-1 CH-2 I-L RH-3 MR-L MRL-1 WR PWS

P P P P P P P P - P P P P - P

Paragraph IV – Commercial Uses #9. Funeral home or mortuary.

R-R R-L R-M RH-1 RH-2 C-V CH-1 CH-2 I-L RH-3 MR-L MRL-1 WR PWS

- - - - S S S S - - - - - - P

Paragraph IV – Commercial Uses #14a. Retail sales of gasoline, providing there is at least 2500 feet between other establishments selling gasoline.

R-R R-L R-M RH-1 RH-2 C-V CH-1 CH-2 I-L RH-3 MR-L MRL-1 WR PWS

- - - - - - - S - S - - - - P

Paragraph IV – Commercial Uses #21. Boat sale establishments.

R-R R-L R-M RH-1 RH-2 C-V CH-1 CH-2 I-L RH-3 MR-L MRL-1 WR PWS

- - - - - S S S - P - - - - P

Paragraph IV – Commercial Uses #22. Commercial parking; garage or lot.

R-R R-L R-M RH-1 RH-2 C-V CH-1 CH-2 I-L RH-3 MR-L MRL-1 WR PWS

- - - - - P P S - - - - - - P

Paragraph IV – Commercial Uses

#38. Dry Cleaning establishments

#40. Car wash facility

#41. Photographic developing laboratories

R-R R-L R-M RH-1 RH-2 C-V CH-1 CH-2 I-L RH-3 MR-L MRL-1 WR PWS

- - - - - S S S - - - - - - P

and to act fully thereon. By request of the Planning Board.

NO RECOMMENDATION PENDING FURTHER INFORMATION.

AMEND ZONING BY-LAWS – AREA, HEIGHT & BULK REGULATIONS

ARTICLE 32. To see if the Town will vote to amend the Harwich Zoning By-law Section VI – Area, Height and Bulk Regulations – Table 2, as follows:

Under Uses, Single-Family Dwellings in Open Space Residential Developments, under zoning districts R-R, R-L, R-M, and MRL-1, change the Minimum Required Lot Side and Rear setback from “10 feet and 10 feet”, respectively to “20 feet and 20 feet”, respectively and add a footnote #2 to read “²May be reduced pursuant to Section X.G.4.4.4.” (Entire table is not included for brevity)

Minimum Required Lot

DISTRICT

USE

Area (Sq. Ft.)

Lot Frontage

(Contiguous

Ft.)

Front

(Ft.)

Side

(Ft.)

Rear

(Ft.)

R-R

Single Family

5 contiguous

50 ft. within