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HOUSE DOCKET, NO. 4627 FILED ON: 10/16/2023
HOUSE . . . . . . . . . . . . . . . No. 4246
The Commonwealth of Massachusetts
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PRESENTED BY:
James Arciero
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act authorizing the town of Littleton to provide drinking water to the inhabitants of the town
of Boxborough.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:James Arciero2nd Middlesex10/16/2023James B. EldridgeMiddlesex and Worcester11/9/2023Danillo A. Sena37th Middlesex1/10/2024 1 of 5
HOUSE DOCKET, NO. 4627 FILED ON: 10/16/2023
HOUSE . . . . . . . . . . . . . . . No. 4246
By Representative Arciero of Westford, a petition (subject to Joint Rules 12 and 9) of James
Arciero that the town of Littleton be authorized to provide drinking water to the inhabitants of
the town of Boxborough. Municipalities and Regional Government.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act authorizing the town of Littleton to provide drinking water to the inhabitants of the town
of Boxborough.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Notwithstanding chapter 617 of the acts of 1911 or any other general or
2special law to the contrary, the town of Littleton may provide water to inhabitants of the town of
3Boxborough for the extinguishment of fires and for domestic, manufacturing and other purposes
4and may establish fountains and hydrants and relocate or discontinue the same and may regulate
5the use of such water and fix and collect rates to be paid therefor as provided in this act.
6 SECTION 2. For the purpose of supplying water to the inhabitants of the town of
7Boxborough, the town of Littleton may take, or acquire by purchase or otherwise, and hold all
8lands, rights of way and easements in the towns of Boxborough and Harvard necessary for
9supplying water to the town of Boxborough as generally described on a plan of land entitled
10“PROPOSED FINISHED WATER MAIN EXTENSION,” prepared by Weston & Sampson,
11which is on file with the town clerk of the town of Littleton, or as provided by section 3. 2 of 5
12
13 SECTION 3. The Littleton board of water commissioners may construct, own, operate
14and maintain a water distribution system in the town of Boxborough to be built within public and
15private ways in the towns of Boxborough and Harvard for the purpose of supplying water to the
16inhabitants of the town of Boxborough as generally described on the plan of land referenced in
17section 2, or as otherwise provided by this section. The following parcels, as shown on the plan
18and described below by parcel ID number on the town of Boxborough’s assessors’ map may
19connect to the water distribution system and shall be subject to betterments as provided by
20section 5: 01-010-000; 03-011-000; 03-012-000; 03-013-000; 07-003-000; 07-004-000; 07-005-
21000; 07-007-000; 07-008-000; 07-009-000; 07-013-000; 07-014-000; 07-015-000; 07-016-000;
2208-002-000; 08-003-000; 08-008-000; 08-009-000; 08-010-000; 08-011-000; 08-090-000; 12-
23003-000; 12-004-000; 12-005-000; 12-006-000; 12-007-000; 12-009-000; 12-010-000; 12-011-
24000; 12-012-000; 12-033-000. The water distribution system may be expanded in the town of
25Boxborough, to serve additional parcels which shall be subject to betterments as provided by
26section 5, by a vote of the Littleton board of water commissioners and a vote of the Boxborough
27select board. The town of Littleton shall not provide water to any other parcel in the town of
28Boxborough not herein identified unless otherwise permitted by general or special law.
29 SECTION 4. The Littleton board of water commissioners shall directly bill the
30inhabitants of the town of Boxborough to which it supplies water under section 3 in accordance
31with rates established by the board. The rates and fees shall not exceed those paid by residents of
32the town of Littleton for like quantities of water. Upon the request of the board, the town of
33Boxborough shall have such rights against any resident of the town of Boxborough to whom the
34board is supplying water and whose bill for such service is not paid on or before its due date as 3 of 5
35provided in sections 42A to 42E, inclusive, of chapter 40 of the General Laws. All sums
36collected by the town of Boxborough pursuant to this act shall be remitted to the town of
37Littleton as determined by an intermunicipal agreement.
38 SECTION 5. The Littleton water department shall be the assessing board and may
39determine the amount of the betterments necessary to construct the improvements described in
40section 3 using a uniform unit method which shall be based upon the common main construction
41costs divided among the total number of existing and potential water units to be served after
42having allocated the town contribution, if any, and after having proportioned the cost of special
43(specific unit) and general benefit facilities. Each water unit shall be equivalent to a single family
44residence. Existing and potential uses shall be converted into water units on the basis of
45residential equivalents. When requested by the Littleton board of water commissioners, the town
46of Boxborough shall levy betterment assessments in connection with the engineering, permitting
47and construction of the water distribution system described in section 3. The assessments shall be
48collected by the town of Boxborough and remitted to the town of Littleton as determined by an
49intermunicipal agreement. Except as otherwise provided in this act, sections 42G to 42K,
50inclusive, of chapter 40 of the General Laws and chapter 80 of the General Laws relative to the
51apportionment, division, reassessment and collection of assessments and interest shall apply to
52assessments levied pursuant to this act.
53 SECTION 6. The board of assessors of the town of Boxborough may, and at the request
54of the owner of the land assessed shall, apportion all betterment assessments or unpaid balances
55thereof made under section 5 into a number of equal annual payments, not to exceed the number
56of years for which bonds are issued for the project for which the assessments are made. Such
57payments may be further apportioned and collected by the town on quarterly tax bills or a single 4 of 5
58tax bill at the option of the town. An owner of land assessed may pay the total amount due
59without a prepayment penalty. Any betterment assessments collected by the town pursuant to this
60act shall be remitted to the town of Littleton as determined by an intermunicipal agreement.
61 SECTION 7. The Littleton board of water commissioners may grant abatements in
62accordance with chapter 80 of the General Laws. Notwithstanding section 60 of chapter 59 of the
63General Laws, the board may receive abatement applications from the property owners of the
64parcels specified in section 3 and records of abatements.
65 SECTION 8. The Littleton board of water commissioners shall be deemed to have an
66interest in the parcels of land specified in section 3 subject to betterments for as long as such
67betterments remain unpaid, in whole or in part, and the collector of the town of Boxborough may
68issue a separate tax bill for any such parcel to the board upon request, in accordance with section
6922A of chapter 60 of the General Laws.
70 SECTION 9. Notwithstanding any general or special law to the contrary, the Littleton
71water department may regulate the use of water in the town of Boxborough by users of the water
72distribution system described in section 3. Such users shall be subject to water use by-laws or
73regulations promulgated by the town of Littleton or by the Littleton board of water
74commissioners and shall be subject to any penalties or fines prescribed in the by-laws or
75regulations.
76 SECTION 10. All property owners in the town of Boxborough authorized to connect to
77the system under this act shall first execute an agreement with the Littleton water department
78prior to connection wherein the property owner shall agree, for such time as it connects with the
79water distribution system, to limit its use of water to an amount determined in the agreement. 5 of 5
80The agreement shall be recorded in the Middlesex southern district registry of deeds and shall
81run with the land and be binding on the heirs, successors and assigns of the property owner. Any
82increase in water use shall be subject to available capacity and the approval of the Littleton water
83department.
84 SECTION 11. Notwithstanding section 4A of chapter 40 of the General Laws, the
85intermunicipal agreement executed between the towns of Littleton and Boxborough to provide
86water to the residents of the town of Boxborough pursuant to this act may exceed 25 years in
87duration and shall remain in effect until the Littleton board of water commissioners ceases to
88provide water to the properties identified in section 3.