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Yarmouth Board of Health begins drafting green-burial policy; board narrows key constraints
Summary
The Board discussed a staff-proposed framework for home and green burials, agreed Zone 2 would not allow green burials, endorsed using setbacks (not fixed lot sizes), and asked staff to draft a regulation incorporating state guidance, DPW/water-supplier input, and conservation-review requirements.
The Yarmouth Board of Health resumed a multi-meeting review of proposed rules for green burials and home burials on Dec. 2, directing staff to draft a policy that incorporates state guidance and input from the town's water supplier and conservation officials.
Staff outlined a 13-question framework (expanded by board members) for a draft regulation. Board members agreed on several guiding principles: green burials should not be permitted in Zone 2 (the board cited a prior, longstanding local practice described by the town cemetery supervisor), setbacks should be used to determine suitability rather than a single fixed minimum lot size, and applicants must show site-specific information such as setbacks from dwellings, septic systems, pools and property lines.
Technical items the board asked staff to include or consult on are: a minimum burial depth consistent with state rules (noted in discussion as at least 3 feet and 4 feet above the water table), hydrogeologic/soil evaluations when indicated, recording of plot plans and deed notation where appropriate, standards for permanent flat markers (stone or concrete preferred), and a variance process to handle unusual site configurations. The board also asked staff to seek input from the town water supplier and a water-department consultant to provide evidence-based guidance on any water-supply risks.
Several members emphasized the need to avoid premature involvement of town council in drafting and to let staff prepare a technical draft the board can edit; staff agreed to produce a draft regulation and return it for board review, noting that town council would be engaged later in the process for legal review.
Board members discussed community concerns including neighbor notification and public notice procedures, who may be buried (the board favored family/relative-designations with the possibility of variances), and whether markers should be restricted to low-profile, in-ground stones to minimize neighborhood impacts. The board did not finalize numeric setback distances; staff said it would recommend appropriate setbacks drawn from existing building, conservation and Title 5 standards.
Next steps: staff will prepare a draft regulation that incorporates state DEP guidance, required technical studies where applicable, and consultations with DPW/water and conservation officials, then bring that draft back to the board for review and possible vote.
