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Yarmouth board hears update on draft green-burial bylaw; awaiting town counsel review
Summary
A resident reported that the draft bylaw on green/home burials has cleared review from town departments and the conservation commission and is with town legal counsel; the Board of Health will wait for counsel before scheduling a public hearing and formal vote.
Ross K. McCurdy told the Yarmouth Board of Health on Feb. 3 that he has submitted a revised draft bylaw on green/home burials to the town and that multiple town departments have reviewed it. “I've got the latest, I believe, the revision of the draft for the bylaws for green home burials,” Ross K. McCurdy said during public comment.
Jay, a staff member with the health department, said the building department reviewed standards such as setbacks and “gave it the thumbs up,” and that the conservation commission had also reviewed the draft and raised no blocking objections. Jay said he forwarded the document to the town’s legal counsel on Jan. 16 and that the board is awaiting counsel’s response before moving forward.
If town counsel clears the draft, board members were told the next steps would be for the Board of Health to place the bylaw on an agenda, schedule a public hearing (to which funeral directors or other stakeholders could be invited), hold a vote, and observe a 21-day statutory waiting period before final adoption. Board members and staff emphasized the need to ensure the draft does not conflict with other departmental requirements — for example, land-use or conservation rules — before the board votes.
No formal action was taken at the Feb. 3 meeting; the item remained informational and pending legal review. Staff said they would post a hearing notice and schedule the public hearing if the town attorney returns the draft without edits.
