HomeMy WebLinkAboutEmails •
vonHone, Amy
From: vonHone,Amy
Sent: Friday,April 19, 2019 2:38 PM
To: 'Michael Needham'
Subject: RE:TITLE V 98 Acres Ave.
Attachments: Title 5 Bedroom Definition 310cmr15.002.pdf.pdf
Hi Mike-
I just did a quick review of our file, Building Department file, and Assessor records. There is not much in the Health or
Building Department histories which is not surprising given the age of the structure. Assessing history flips back and
forth between 2 and 3 bedrooms,with the current assessment listing the house as a 3 bedroom. If the family room
meets the definition of a bedroom (attached), I would consider this an existing 3 bedroom home which is the better
scenario for you. The plans are fine as is and the installer should be completing the Title 5 application as a 3 bedroom
system. Let me know if you think otherwise.
Thanks for the update and have good holiday.
Amy
Amy L.von Hone, R.S., C.H.O.
Assistant Health Director
Yarmouth Health Department
Original Message
From: Michael Needham [mailto:mvneedham@icloud.com]
Sent: Friday,April 19, 2019 11:15 AM
To:vonHone,Amy<AVonHone@yarmouth.ma.us>
Subject: Re:TITLE V 98 Acres Ave.
Hi Amy. I just noticed that on the plan revision of 4-18-19, Ron Cadillac described the existing floor plan at 98 Acres Ave.
as having"3 bedrooms."We actually have 2 bedrooms.The large room on the NW end of the house is a family room.
Is this going to cause us any problems moving forward?
I have 2 proposals in and expect a third one Monday.We plan to drop off the one we select with the loan application at
the CSMLP office in Barnstable on Monday,or Tuesday AM,at the latest. So far,all contractors expect to be able to start
the work, if not finish it, by 6-1-19 if the permitting process goes smoothly.
Thanks for all your help. Have a happy holiday weekend.
Mike Needham
From iPad.
>On Apr 16,2019,at 11:52 AM,vonHone,Amy<AVonHone@yarmouth.ma.us>wrote:
1
vonHone, Amy
From: vonHone,Amy
Sent: Friday,April 12,2019 2:54 PM
To: 'Michael Needham'
Subject: RE:TITLE V 98 Acres Ave.
Attachments: 98 ACRES AVE.PDF
Hi Mike-
The plan is designed for 3 bedrooms, however,there are extensive variances that have been approved for the septic
system upgrade only. Our in-house approval specifically states the plan is valid for the repair of the system only and that
a Board of Health review and approval is required for any additions/renovations/alterations to the structure. (See
attached) If you wish to add onto the house in the future,the project would need to go through a formal review process
with the Board of Health at that time. Approval is never guaranteed anytime you are requesting variances for an
expansion, however,there are very few projects that the current Board has not allowed.
The contractor's comment was probably referencing the Title 5 Application and how it is completed. The application
should state "Existing 2 Bedrooms, Design for 3 Bedrooms". I usually adjust that information when I review it for
approval if it is not written appropriately.
Amy
Amy L.von Hone, R.S.,C.H.O.
Assistant Health Director
Yarmouth Health Department
Original Message
From: Michael Needham [mailto:mvneedham@icloud.com]
Sent: Friday,April 12,2019 9:56 AM
To:vonHone,Amy<AVonHone@yarmouth.ma.us>
Subject:TITLE V 98 Acres Ave.
Hi Amy.
When I picked up the revised Title V plan from Ron Cadillac he mentioned that the new plan is robust enough to permit
for 3 bedrooms.We don't plan to expand the house but one contractor told me that if the plan allows for 3 bedroom I
should permit it that way for resale value even of we don't plan to do any expansion.
Does the new plan allow for 3 bedrooms and if so, how do "permit it"that's way?
Thanks for any advice here.
Mike Needham
From iPad.
1
vonHone, Amy
From: vonHone, Amy
Sent: Wednesday,April 10, 2019 10:52 AM
To: 'Michael Needham'
Subject: RE: Revised Title V plan - 98 Acres Ave
Hi Mike-
I have reviewed the revised plans and am all set with the new design. I am stamping the plans approved and will keep
them on file for the installer when the installation permit is submitted. You can advise your installer that I have enough
copies of the plan at the Health Department.
I will probably be in the office most of tomorrow if you have any additional questions,otherwise, I will anticipate the
submittal of a Title 5 application from your installer,once you have chosen one,within the next couple of months.
Thanks,Amy
Amy L.von Hone, R.S., C.H.O.
Assistant Health Director
Yarmouth Health Department
Original Message
From: Michael Needham [mailto:mvneedham@icloud.com]
Sent:Tuesday,April 9, 2019 1:52 PM
To:vonHone,Amy<AVonHone@yarmouth.ma.us>
Subject: Re: Revised Title V plan-98 Acres Ave
Thanks Amy. I'll drop off the plan (2 copies?)this PM. Please give me a yell when you have some time to discuss it. We
will be here all this week and next week. I'd like to get it out for bid in time to get work started before the deadline.
Mike
On the road.
On Apr 9, 2019, at 12:59 PM,vonHone,Amy<AVonHone@yarmouth.ma.us>wrote:
> Hi Mike-
>
> I have a couple of busy field days Wednesday and Thursday coming up. You can always drop off the plan at the office
8:30 am -4:30 pm any day and the ladies will make sure it gets to my desk for review. Otherwise, mornings 8:30- 11 am
I am usually in the office. Today I will probably be available after 2:30 pm.
>Amy
>Amy L.von Hone, R.S., C.H.O.
>Assistant Health Director
>Yarmouth Health Department
1
vonHone, Amy
From: vonHone,Amy
Sent: Monday, December 10, 2018 1:24 PM
To: 'Michael Needham'
Subject: RE:Title V system @ 98 Acres Ave.
Hi Mike-
I did just speak with Jay from Chase and Merchant. Our office has not received any negative feedback about the Perc-
Rite system and we do have a handful of them in Yarmouth that have been in place for a while now. Our office will
approve any other type of system that meets the regulations with the similar variances that have already been approved
for your site. The Perc-Rite probably has the lowest profile,so anything else will be higher in total height. Our office
policy is any system that is higher than 2' above grade needs a concrete retaining structure instead of the wood timbers
for durability. We are open to any suggestions with an appropriate explanation.
Ron is out of the country but should be back over the next couple of weeks. I will wait to hear from you or Ron on any
changes.
Thanks,Amy
Amy L.von Hone, R.S.,C.H.O.
Assistant Health Director
Yarmouth Health Department
Original Message
From: Michael Needham [mailto:mvneedham@icloud.com]
Sent: Monday, December 10, 2018 12:00 PM
To:vonHone,Amy<AVonHone@yarmouth.ma.us>
Subject:Title V system @ 98 Acres Ave.
Hi Amy. I hope the holiday season is going well for you.We did a big family Thanksgiving up in Yarmouth and then
winterized the house.
So far I have put Ron Cadillac's Approved Title V plan out to 5 contractors, including the revised one to Dubis and
including Chase& Merchant.Jay Merchant called me and recommended (and he and I have been discussing) more
practical revisions to Ron's plan.Jay(and a number of other contractors) have told me that there are better and
cheaper alternatives to the Perc-Rite system.The view seems to be that Perc-Rite systems work well but are too fragile
and subject to structural failures and therefore require continuous and expensive maintenance beyond the approved
annual servicing.
Jay suggested that we revise the plan to a simpler pressure-dose system with 1.5'schedule 40 PVC pipe in stone. He
estimates that plan would require an additional 11-12' increase in mound height.That's ok with us if it saves thousands
of dollars.Jay agrees with my view that instead of a pressure-treated wood retaining wall,we should go with a
interlocking decorative concrete block wall.We would be happy to pay the increased cost of that for the esthetic and
endurance values.
Anyway,Jay just called and told me that he spoke with you about these alternatives. If you would approve those
changes I will call Ron and ask him to do a revised plan to put out for bid.Jay called Ron last week to discuss these ideas
1
and left a message but he hasn't had a response.When I spoke to Ron Thanksgiving week, he said he will be out of the
country for a few weeks on holiday.So, later this week I will also call again Ron and see what he says.
Thank you for any considerations in regard to a revised plan.
Michael Needham
(301)758-2451
From iPad.
2
� •i
vonHone, Amy
From: vonHone,Amy
Sent: Wednesday,June 6, 2018 9:14 AM
To: 'Michael Needham'
Subject: RE:West Yarmouth DOH letter. DRAFT 2
Hi Mike-
This email did get through yesterday. As mentioned at our meeting yesterday,the Health Department will agree to a
one (1)year deadline to have the new Title 5 system installed (by June 1, 2019) unless the existing cesspool overflows or
backs up in to the dwelling. If the existing system overflows,you will be mandated to keep the system pumped until you
can coordinate an earlier installation date. We understand you are actively in the process of negotiating prices for the
installation and are continuing to move forward to meet your 1 year deadline. We also understand there may be some
revisions to the plan which we will review with you and the engineer to re-approve as needed.
Part of the approval process for the Perc-Rite system includes an Approval Letter issued by this office that needs to be
signed by the owners and recorded at the Registry of Deeds with a copy of the recorded letter being returned to our
office for our files. Once you have closed on the property, please forward the new Registry information for the property
to include the owner names/trust exactly as listed on the deed if different from your email below,and the new Book and
Page numbers which need to be listed on the Approval Letter. There is no rush on this process but it will need to be
done prior to our final approval of the system once it is installed.
Thank you for keeping our office updated. Congratulations on your purchase and I look forward to working with you
over the coming year.
Amy
Amy L.von Hone, R.S., C.H.O.
Assistant Health Director
Yarmouth Health Department
Original Message
From: Michael Needham [mailto:mvneedham@icloud.com]
Sent:Tuesday,June 5, 2018 4:23 PM
To:vonHone,Amy<AVonHone@yarmouth.ma.us>
Subject: Fwd:West Yarmouth DOH letter. DRAFT 2
Hi Amy here is another try.Thanks again for your help.
Mike Needham
>>>6/5/2018
>>>Yarmouth Health Department
>>> 1146 Route 28
>>>South Yarmouth, MA 02664
>>>
>>>Attn:Amy L.Von Hone, R.S.,C.H.O.
>>>
>>>The property at Lot 18B, 98 Acres Ave. West Yarmouth MA will be sold by James F. O'Donnell,Jr,Trustee,Jeanne D.
O'Donnell Special Needs Trust to the Celtic Acres Trust, Michael V. Needham and Jason D. Middlebrook,Co-trustees on
June 6th, 2018.This letter is in response to the request by the Health Department in an email dated May 23,2018 from
1
vonHone, Amy
From: Michael Needham <mvneedham@icloud.com>
Sent: Tuesday,June 5, 2018 4:23 PM
To: vonHone,Amy
Subject: Fwd:West Yarmouth DOH letter. DRAFT 2
Hi Amy here is another try.Thanks again for your help.
Mike Needham
>>>6/5/2018
>>>Yarmouth Health Department
>>> 1146 Route 28
>>>South Yarmouth, MA 02664
>>>
>>>Attn:Amy L.Von Hone, R.S.,C.H.O.
>>>
>>>The property at Lot 18B, 98 Acres Ave.West Yarmouth MA will be sold by James F. O'Donnell,Jr,Trustee,Jeanne D.
O'Donnell Special Needs Trust to the Celtic Acres Trust, Michael V. Needham and Jason D. Middlebrook, Co-trustees on
June 6th, 2018.This letter is in response to the request by the Health Department in an email dated May 23, 2018 from
Amy von Hone to James F.O'Donnell,for a proposed timeline for an upgrade to the septic system at the referenced
property,98 Acres Ave.West Yarmouth, MA.
>>>
>>>The property is being purchased by Celtic Acres Trust from the O'Donnell Trust"as is" with the full knowledge that
the buyers will be responsible for upgrading the septic system at their expense to comply with Title V.There are no
washers,dishwashers or garbage disposals in the house and none will be installed until the septic system does comply.
The buyers are also having the cess pool pumped on June 6th after the closing so we are comfortable using it the rest of
this summer season.We've are also planning not to rent the house until the septic system complies with Title V.
>>>
>>>
>>>To date, Mr. O'Donnell has obtained a septic system plan dated May 17, 2018 based on "Perc-Rite"technology from
Mr. Ronald J. Cadillac, PLS, RS and that plan with variances, has been approved by the Health Department. Mr.
O'Donnell has also requested and received two bids from local septic contractors.Additional requests for bids are being
sent by the Celtic Acres Trust to additional contractors.The timing of those bids will be influenced by the Trustees need,
who live out-of-state,to be on-site as contractors visit the property to prepare bids. In addition,we are pursuing
implementation of an annual "Perc-Rite" maintenance contract as required by the Health Department in the event we
use that system.
>>>
>>>The seller and buyer respectfully request two years of time to initiate construction as we pursue the best solutions
for the town of Yarmouth and themselves in regard to environmental efficacy and cost management. It is very possible
that Celtic Acres Trust could submit a request for revisions to the approved plan or a new plan for approval.
>>>Thank you for your consideration to this request.
>>>
>>>Sincerely,
>>>
>>>s/James F. O'Donnell,Trustee
>>>s/Michael V. Needham, Co-trustee
>>>
>>>
>>>
1
vonHone, Amy
From: Michael Needham <mvneedham@icloud.com>
Sent: Tuesday,June 5, 2018 3:09 PM
To: vonHone,Amy
Subject: 98 Acres Ave.
Yarmouth Health Department
1146 Route 28
South Yarmouth, MA 02664
Attn: Amy L. Von Hone, R.S., C.H.O.
The property at Lot 18B, 98 Acres Ave. West Yarmouth MA will be sold by
James F. O'Donnell, Jr, Trustee, Jeanne D. O'Donnell Special Needs Trust to the
Celtic Acres Trust, Michael V. Needham and Jason D. Middlebrook, Co-
trustees on June 6th, 2018. This letter is in response to the request by the Health
Department in an email dated May 23, 2018 from Amy von Hone to James F.
O'Donnell, for a proposed timeline for an upgrade to the septic system at the
referenced property, 98 Acres Ave. West Yarmouth, MA.
The property is being purchased by Celtic Acres Trust from the O'Donnell Trust
"as is"with the full knowledge that the buyers will be responsible for upgrading
the septic system at their expense to comply with Title V. There are no washers,
dishwashers or garbage disposals in the house and none will be installed until the
septic system does comply. The buyers are also having the cess pool pumped on
June 6th after the closing so we are comfortable using it the rest of this summer
season. We've are also planning not to rent the house until the septic system
complies with Title V.
To date, Mr. O'Donnell has obtained a septic system plan dated May 17, 2018
based on"Perc-Rite"technology from Mr. Ronald J. Cadillac, PLS, RS and that
plan with variances, has been approved by the Health Department. Mr. O'Donnell
has also requested and received two bids from local septic contractors. Additional
requests for bids are being sent by the Celtic Acres Trust to additional contractors.
The timing of those bids will be influenced by the Trustees need, who live out-of-
state, to be on-site as contractors visit the property to prepare bids. In addition, we
are pursuing implementation of an annual"Perc-Rite"maintenance contract as
required by the Health Department in the event we use that system.
1
The seller and buyer respectfully request two years of time to initiate construction
as we pursue the best solutions for the town of Yarmouth and themselves in
regard to environmental efficacy and cost management. It is very possible that
Celtic Acres Trust could submit a request for revisions to the approved plan or a
new plan for approval.
Thank you for your consideration to this request.
Sincerely,
s/Michael V.Needham, Co-trustee
2
von Hone, Amy
From: Michael Needham <mvneedham@icloud.com>
Sent: Friday, May 25, 2018 8:25 PM
To: vonHone,Amy
Subject: Re: 98 Acres Avenue,Yarmouth
Thanks very much Amy for you help.We reached a purchase and sale agreement today with the James O'Donnell Trust
and the closing is on June 6th. I will be in town by noon on the 5th so hopefully we can meet that afternoon to bring you
up to date. I will be contacting septic contractors next week to start the bidding process.
Meanwhile, I will get the cess pool pumped out when I am up there so we our family can enjoy some uneventful time
with the grandkids this summer.Our daughter and her husband own 94 Acres Ave., right next door to the property we
are purchasing as"Celtic Acres Trust".
Thanks again and I hope to meet you in a few weeks.
Best regards,
Michael Needham,Co-Trustee
Celtic Acres Trust
From iPad.
On May 25, 2018,at 10:56 AM,vonHone,Amy<AVonHone@yarmouth.ma.us>wrote:
From:vonHone,Amy
Sent:Wednesday, May 23, 2018 9:58 AM
To: 'iamesod(8 aol.com'<jamesod@aol.com>
Cc: Murphy, Bruce<BMurphy@varmouth.ma.us>
Subject:98 Acres Avenue,Yarmouth
Hello James-
Please be advised our office has reviewed the proposed septic system at 98 Acres Avenue and has
approved the plans as designed which includes the variances listed on the plan. As part of the approval
process because of the Innovative/Alternative system (Perc-Rite Drip Dispersal System) being proposed,
the following items will need to be addressed for the eventual installation of the system and the final
sign-off and issuance of the Title 5 Certificate of Compliance:
1. Health Department to issue an Approval/Notice of Deed Restriction to the owner of the
property. This letter will list the Health Department approval of the Perc-Rite system and the
accompanying conditions as required by the DEP Title 5 approval process. This letter will need
to be signed by the owner and recorded at the Barnstable County Registry of Deeds. A copy of
the recorded letter must be provided to the Health Department as proof of the recording.Our
office will create a draft and finalize the document once we are advised by you of the owner and
Registry references at the time the letter is to be recorded at the Registry.
2. An Operation and Maintenance Contract between the owner and a licensed operator for the
Perc-Rite system must be executed and a copy provided to the Health Department. The Perc-
1
Rite system requires yearly maintenance and must have a valid contract for the life of the
system.
3. Prior to the installation of the new septic system, a licensed septic installer must submit a
completed Title 5 application, permit fee, and a Trench Permit number to the Health
Department for approval.
4. Once the system is installed,the engineer and the Perc-Rite installer must submit certification
that the system was installed correctly along with the installer's as-built card,and the above
mentioned documents, prior to issuance of the Title 5 Certificate of Compliance.
5. If the septic system is not installed prior to transfer of current ownership of the property,a
letter of intent signed by the buyer and seller and listing the proposed timeframe for the septic
system installation must be presented to the Health Department for our approval.
Hopefully this provides some additional guidance on the remaining items to be addressed for the
installation and final sign-off of the septic system. Please do not hesitate to contact Bruce Murphy,
Health Director,or me for any questions that you or your buyer may have.
Thank you for keeping us updated as you move forward.
Amy
Amy L.von Hone, R.S.,C.H.O.
Assistant Health Director
Yarmouth Health Department
1146 Route 28
South Yarmouth, MA 02664
(W)508.398.2231 X1240
(F) 508.760.3472
avonhone@varmouth.ma.us
2
vonHone, Amy
From: von Hone,Amy
Sent: Wednesday, May 23, 2018 9:58 AM
To: jamesod@aol.com'
Cc: Murphy, Bruce
Subject: 98 Acres Avenue,Yarmouth
Hello James-
Please be advised our office has reviewed the proposed septic system at 98 Acres Avenue and has approved the plans as
designed which includes the variances listed on the plan. As part of the approval process because of the
Innovative/Alternative system (Perc-Rite Drip Dispersal System) being proposed,the following items will need to be
addressed for the eventual installation of the system and the final sign-off and issuance of the Title 5 Certificate of
Compliance:
1. Health Department to issue an Approval/Notice of Deed Restriction to the owner of the property. This letter will
list the Health Department approval of the Perc-Rite system and the accompanying conditions as required by the
DEP Title 5 approval process. This letter will need to be signed by the owner and recorded at the Barnstable
County Registry of Deeds. A copy of the recorded letter must be provided to the Health Department as proof of
the recording. Our office will create a draft and finalize the document once we are advised by you of the owner
and Registry references at the time the letter is to be recorded at the Registry.
2. An Operation and Maintenance Contract between the owner and a licensed operator for the Perc-Rite system
must be executed and a copy provided to the Health Department. The Perc-Rite system requires yearly
maintenance and must have a valid contract for the life of the system.
3. Prior to the installation of the new septic system,a licensed septic installer must submit a completed Title 5
application, permit fee, and a Trench Permit number to the Health Department for approval.
4. Once the system is installed,the engineer and the Perc-Rite installer must submit certification that the system
was installed correctly along with the installer's as-built card, and the above mentioned documents, prior to
issuance of the Title 5 Certificate of Compliance.
5. If the septic system is not installed prior to transfer of current ownership of the property, a letter of intent
signed by the buyer and seller and listing the proposed timeframe for the septic system installation must be
presented to the Health Department for our approval.
Hopefully this provides some additional guidance on the remaining items to be addressed for the installation and final
sign-off of the septic system. Please do not hesitate to contact Bruce Murphy, Health Director,or me for any questions
that you or your buyer may have.
Thank you for keeping us updated as you move forward.
Amy
Amy L.von Hone,R.S.,C.H.O.
Assistant Health Director
Yarmouth Health Department
1146 Route 28
South Yarmouth, MA 02664
(W)508.398.2231 X1240
(F) 508.760.3472
1
vonHone, Amy
From: Grant, Kelly
Sent: Tuesday, May 22, 2018 10:56 AM
To: vonHone, Amy; Murphy, Bruce
Subject: FW:98 Acres pdf
Attachments: O'Donnell Model (1).pdf;O'Donnell Model (2).pdf
Hi Amy and Bruce
I am OK with this with usual conditions and note added about the dewatering area.
Thanks
Kelly
From: Ron Cadillac [mailto:ron@rjcadillac.com]
Sent: Monday, May 21, 2018 12:37 PM
To:jamesod@aol.com; Grant, Kelly<KGrant@yarmouth.ma.us>
Subject:98 Acres pdf
Kelly&James,
Attached is plan revised for B.O.H. &ConCom.
Email/call with any questions.
Ron Cadillac, pls, rs
Virus-free. www.avq.com
1