Second Amendment to Settlement Agreement CC signed.pdfSECOND AMENDMENT TO
SETTLEMENT AGREEMENT
WHEREAS Jerome and Susan Camposeo (the “OWNERS”) and the Northampton
Conservation Commission (the “COMMISSION”) are parties (the “PARTIES”) to that
certain Settlement Agreement dated October 29, 2018 (the “SETTLEMENT
AGREEMENT”) regarding settlement of litigation pending in the Hampshire County
Superior Court, see Camposeo v. Northampton Conservation Commission, Docket No.
1780CV00117 (the “LAWSUIT”), achieved in part by a remand to the COMMISSION for
further proceedings on the OWNERS’ Notice of Intent for the construction of a driveway
on property off Coles Meadow Road in Northampton, Massachusetts, unnumbered,
identified in the City Assessor’s records as Parcel 08-070 (the “PROPERTY”), but subject to
a series of negotiated revisions thereto; and
WHEREAS the SETTLEMENT AGREEMENT contemplated “substantial
conformance” with the aforesaid revisions, which were itemized in Paragraph 2 thereof; and
WHEREAS the OWNERS’ subsequent, i.e. post-remand, submittal to the
COMMISSION was substantially as required by the SETTLEMENT AGREEMENT, but
did include certain design, engineering and other changes (the “CHANGES”) unknown to
the PARTIES at the time they negotiated the SETTLEMENT AGREEMENT as the
driveway relocation and redesign was only conceptual; and
WHEREAS, at its July 14, 2022 meeting and following a public hearing on the
OWNERS’ revised Notice of Intent, the COMMISSION unanimously voted to issue an
Order of Conditions to the OWNERS for the aforesaid driveway construction and
associated improvements, but with a condition that the PARTIES update the
SETTLEMENT AGREEMENT so as to identify the aforementioned CHANGES to
achieve consistency between it and the forthcoming Order;
NOW, THEREFORE, to preserve the terms and conditions of settlement
heretofore negotiated between them and for other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the PARTIES hereby further
agree as follows:
1. That Paragraphs 2(c) through 2(g) of the SETTLEMENT AGREEMENT
shall be deleted in their entirety, and the following substituted therefor:
(c) Portion(s) of the driveway that cross wetlands (the “WETLANDS
CROSSING(S)”) shall be supported at the edge by earthen side
slopes with permanent placement of crushed stone so as to minimize
the width of any wetland impacts, as shown on plans entitled
“Residential Development Plan, Jerome and Susan Camposeo,
Assessors Parcel # 08-070-001, Coles Meadow Road, Northampton,
MA,” prepared by Environmental Planning Associates with
assistance from Costa Consulting Engineers, Inc., dated 10/12/21
updated through 7/05/22 and comprised of Pages 1 through 3 (the
“PLANS”).
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(d) The base of the WETLANDS CROSSING(S) shall be no wider than
as shown on the PLANS, e.g. for vehicle turnout(s), drainage,
curvature of the driveway at its intersection with the adjacent Coles
Meadow Road.
(e) The driveway itself shall be up to, but no more than, twelve (12) feet
in width, except as shown on the PLANS, e.g. for some or all of the
purpose(s) described in Paragraph (d), above.
(f) One (1) open-bottom culvert and two (2) flow equalization devices
(FEDs) shall be installed along the driveway where it crosses the
wetlands, per and designed in accordance with the PLAN, so as to
accommodate drainage.
(g) Wetlands replication by the OWNERS shall be at a 1:1 ratio, per and
in the location shown on the PLAN.
2. That, in all other respects, the terms and conditions of the SETTLEMENT
AGREEMENT are hereby ratified.
IN WITNESS WHEREOF, the PARTIES execute this Agreement as of this 24th
day of August, 2022.
____________________________________
Jerome Camposeo
____________________________________
Susan Camposeo
Northampton Conservation Commission
By: _________________________________
Kevin Lake, Chair
Duly-authorized