One notable matter was the potential acquisition and maintenance of a found cemetery on private property, which has been a point of concern for both the Cemetery and Historical Commissions. The cemetery, located on West Street Terrace, contains graves of significant historical value but is currently situated on land owned by a private individual. The Commission discussed the possibility of obtaining an easement or acquiring the property title through eminent domain. This would require navigating complex legal frameworks and securing permissions from the property owner and mortgage holders. The urgency of this discussion stemmed from the Historical Commission’s urging for the Cemetery Commission to assume responsibility for the cemetery, emphasizing the need for formal authorization to ensure its long-term maintenance.

A member cited Massachusetts General Law Chapter 114, Section 18, as a potential legal avenue for the Commission to take charge of the cemetery without acquiring the property. However, it was noted that a formal vote was necessary to document the Commission’s intent to assume responsibility. Subsequently, a motion was made and unanimously passed to take charge of the family cemetery plot, ensuring its perpetual care, with plans to present this decision to the select board on December 3 for potential funding discussions, including the use of ARPA funds for necessary survey work.

The conversation also touched on the financial and logistical challenges associated with the cemetery’s restoration. The Historical Commission and Historical Society have developed a restoration plan involving the construction of stone walls and a new iron gate. However, funding the restoration presents legal hurdles, particularly concerning state procurement laws. The Commission emphasized the importance of understanding the total project costs and ensuring compliance with legal guidelines. This included discussions on material procurement, labor estimates, and the involvement of the Department of Public Works (DPW) in construction tasks.

Concerns were raised about the restoration project’s funding, with particular focus on whether it would comply with state procurement laws. The need for clarity on costs was stressed, with one member highlighting the necessity of a detailed breakdown of expenses for stone, the iron gate, and other materials. This prompted discussions about public construction regulations, referencing a previous project that did not fall under these rules, and the need for precise cost information, especially for tasks undertaken by the DPW.

The meeting further delved into ongoing maintenance and improvement efforts at the South and North Cemeteries, including shrub care, mowing schedules, and leaf cleanup. A motion was approved to acquire a professional license from a company named Rain Maker, deemed essential for accessing burial records. This decision underscored ongoing debates about the Cemetery Commission’s operational boundaries and authority, particularly in relation to the Department of Public Works.

The Commission also addressed procedural steps for moving forward with both the found cemetery project and restoration plans. A warrant article for the upcoming town meeting was proposed to secure necessary funds for the restoration project, acknowledging the incremental nature of such processes and the need for reassessment based on town voting outcomes. Additionally, the Commission emphasized the importance of site visits to ensure members’ familiarity with the areas in question and to gather information before making further decisions.