Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Land Use Stormwater topic
No spam. Unsubscribe anytime.
Council accepts de minimis stormwater waiver for SALDO application; one abstention after public comment
Summary
Council voted 6-0-1 to accept a de minimis waiver related to Borough Stormwater Management Ordinance Chapter 560-16.F(4)(b) for SALDO Application #2024-002 after engineer and solicitor explanations and public questions from Amy Hess; Councilwoman Bullsnake abstained without stating a conflict.
At its Feb. 9 meeting, Bath Borough Council voted to accept a de minimis waiver request tied to SALDO Application #2024-002 and a condition of prior conditional/final approval (Resolution #2025-007). The item relates to Chapter 560-16.F(4)(b) of the borough's Stormwater Management Ordinance and a Feb. 5, 2026 letter from Lewis Ronca on behalf of the applicant.
Solicitor Patrick Armstrong summarized the history and the applicant's request that council clarify the conditional approval by treating the matter as a waiver request. Engineer Ron Madison explained the ordinance provision concerns a 100-foot separation for infiltration beds associated with downgradient dwelling foundations; he said the ordinance does not specifically address lateral grades and characterized the current request as de minimis because the neighboring property has level grade at about 70 feet rather than a downgradient condition.
Resident Amy Hess said this was her third time before council on the matter and questioned why the waiver was being considered now and whether required signatures had been obtained; she referenced that Mr. Kerns had not signed a water release the applicant had sought. Armstrong explained the applicant's request is for a waiver from the cited provision.
The motion to accept the waiver passed 6-0-1; Councilwoman Lauren Bullsnake recorded an abstention and did not state the reason for that abstention in the minutes. The minutes do not record any additional conditions tied to the waiver or a subsequent vote on final approval of the SALDO application.
Why it matters: The waiver affects setbacks and stormwater treatment requirements for a specific development application; it could alter how and where infiltration features are installed and raises questions from neighboring residents about consent and risk. The abstention by a councilmember and public questioning were recorded in the minutes and may prompt follow-up or requests for documentation of any required releases or waivers.
Next steps: The minutes record acceptance of the waiver but do not include final administrative actions or detailed conditions; parties seeking further information should consult borough staff or submitted application materials for the project.
