Neighbors Protest Change In Fencing At Mount Pleasant Cemetery

 HARWICH – Neighbors are objecting to the cemetery commission’s plans to replace a six-foot stockade fence along the west property line of Mount Pleasant Cemetery with a two-foot split-rail fence.

 “We’re here to formally protest a unilateral decision to tear down an historical boundary fence that has protected our kids, our neighbors’ privacy and the cemetery solemnity for over 50 years,” John Hodgkins of Laurie Lane told the select board last week. 

 Several homes along Laurie Lane abut the cemetery and are separated from it by the fence.

 “This is a complete disregard in our view for the privacy, dignity and quiet seclusion that both the residential taxpayers and grieving family members deserve,” said Hodgkins.

Hodgkins said the neighbors learned of the plan when a survey crew appeared in their backyards. He questioned why the neighbors were not notified of the plans and why a public hearing was not held.

At the board’s Sept. 21 meeting, Hodgkins cited provisions in Massachusetts General Law that protects the fence as the property line. Because it has stood as the definitive barrier separating the private land from a public burying ground for more than 50 consecutive years, it is legally deemed the true and unalterable boundary line, he said.

 “The town cannot unilaterally alter or dismantle a structure that dictates property lines without a formal administrative hearing involving all affected landowners,” Hodgkins said.

 In a letter to the neighbors, cemetery administrator Robbin Kelley wrote, “The existing stockade fence has now deteriorated significantly and has become a continual maintenance issue. The cemetery department has received multiple complaints from abutting property owners regarding its condition. Continued repairs are no longer cost-effective and replacement is the most practical long-term solution.”

 In the letter, Kelly pointed out that in 2010, when the existing fence was replaced, it was determined that it had been installed incorrectly and did not reflect the proper property line. She wrote that with severe weather conditions over the past 15 years requiring repeated repairs, the fence has reached the end of its useful life and needs replacement. 

 Kelley wrote that the cemetery commission has jurisdiction over 16 cemeteries in town, and the Mount Pleasant Cemetery is the only one where a stockade fence is located. The other cemeteries have split-rail or post and railing fencing, which Kelley said is more durable, easier to maintain and more consistent with the historic character of the cemeteries. 

 “Given the age and condition of the existing stockade fence, the cumulative effects of repeated severe weather events, and the ongoing maintenance costs, replacing the existing fence with a split-rail fence will provide a more resilient boundary, reduce future maintenance expenses, and create consistency with the fencing style used throughout the town’s other municipal cemeteries,” Kelley wrote. 

 Hodgkins recommended the commission use Community Preservation Act funds for a new six-foot fence.

 “These funds exist explicitly to preserve and rehabilitate historic municipal assets like the Mount Pleasant Cemetery,” he said. “Instead of applying for CPA funding or seeking a compromise, the commission has chosen to seek legal counsel to fight the taxpayers.” 

 Hodgkins said the neighbors are not looking to litigate the issue and requested that the select board pause the commission’s plan to replace the fence with a split-rail fence until the issues can be resolved.

Select board member Jeffrey Handler questioned the board’s role in the matter, suggesting that it is more of a day-to-day issue better resolved through the town administrator. Town Administrator Jay McGrail agreed, saying he will meet with Hodgkins in hopes of coming to a resolution.