[MassHistPres] metal grave markers/Harvard's Shaker Burial Ground

[Roseanne Saalfield]

Hi
Our town counsel has determined that the town;s Cemetery Commission is free to restore the cast iron markers in the town's Shaker Burial Ground (within our Shaker Village Historic District) without the approval of their work order by the historic commission, which I Chair.
Members of the Harvard Historic Commission dispute this fact and have asked the Board of Selectmen(BoS) to issue a stop work order on their current process of sand-blasting and powder-coating approximately two dozen markers, removed a few weeks ago without notification to us.

Town Counsel has said that his determination is based on our definition of the word 'structure', his belief being that the CC controls and maintains the site and the HHC maintains any structures on the site. The definition of a structure in section 5 of MGL Section 40C (definitions) does not convince counsel that the grave markers are structures or, more specifically, 'signs'. That definition reads says in part that a structure is "... a combination of materials other than a building including a sign, fence, wall, terrace, walk  or driveway."

Effective today we are on the verge of being told we have no jurisdiction over work done on this unique site.

Have any of you had experience with an issue such as this or can you direct me to references - research or personnel - who could be helpful?

Thanks,
Roseanne Saalfield
Chair
Harvard Historic Commsion