Two Thousand Cubic Yards of Loam Spark Scituate Planning Debate Over School Safety

Key Points

  • Stormwater regulation updates approved to meet EPA MS4 permit compliance
  • Attorney General strikes down town exclusions of manufactured homes and specific ADU setbacks
  • Proposed two-year storage of 2,000 cubic yards of loam at Cushing School deferred for safety review
  • Board demands structural engineering certification for earth stockpiles near school foundations
  • Concerns raised over truck traffic and 11-foot soil piles obstructing school windows
  • Updates provided on upcoming Community Preservation Committee projects including basketball courts

The Scituate Planning Board convened on Thursday to address critical updates to town stormwater regulations and an unexpected proposal to store massive amounts of earth at the Cushing School. Michelle West, a water resources engineer from Horsley Witten Group, detailed necessary revisions to ensure Scituate complies with the EPA’s MS4 permit requirements. West explained that the town must update its standards by year's end to avoid federal fines, noting that the permit has certain requirements for towns and cities of a certain size throughout the state of Massachusetts. Patricia Lambert emphasized the urgency of the situation, stating, we've taken out anything extraneous, but it will be going through... this really has to pass so the town doesn't have fines for the EPA. During the public hearing, Jen Smith of Scituate Conservation joined via phone to confirm her support, stating, I've been working with planning and Horsley Whitten on the updates to the regulations for storm water. Motion Made by Ann Burbine to accept the changes as written, Storm regulations dated October 20, 2025, Effective date of October 27, 2025, as modified. Vote Passed 5-0

The board also grappled with recent feedback from the Attorney General regarding the town's Accessory Dwelling Unit (ADU) bylaws. Several provisions were struck down, including the exclusion of trailers, as the state now recognizes manufactured homes on foundations as valid dwellings. Rebecca Lewis questioned the specific language regarding lot sizes, noting, I'm a numbers person. I like the 43560 myself... I was trying to reconcile one acre to this. Stephen Pritchard urged for strictness in future applications, remarking, I think we just need to be clear when we're when people are proposing things that we need some really clear demonstration of feasibility. Ann Burbine echoed this protective stance, asserting, I feel it's my duty to protect the overall town. It doesn't matter how big it is, you must still adhere to what it is that we want you to do because it is for the greater good of the town.

Significant tension arose over a request by contractors for the new Hatherly Elementary School project to move 2,000 cubic yards of loam to the Cushing School site for two years. Project Manager Alison Mark defended the plan as a cost-saving measure, explaining that the Cushing demo has always been part of the project... they're just proposing rather than having all this good soil that's being taken off site right now, they're just saying, 'Let's bring it now and leave it there until we need it in two years.' However, board members expressed deep concerns regarding the 11-foot-high piles being placed adjacent to an active school. Maura Burke questioned the structural integrity of the plan, asking, Has anybody looked at the impact to potentially the building or the foundations? Somebody certified that they can put that much weight on? The board ultimately demanded a more comprehensive site plan and structural certification before allowing the project to proceed. Motion Made by Stephen Pritchard to accept the applicant's request to continue the public hearing for a major site plan administrative review and storm water permit for two multi-family buildings in the village center and neighborhood district north Scituate village district until November 13, 2025, at 6:45 p.m. and continue the time for action. Vote Passed 5-0