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Littleton Water Department and residents come to agreement - Lowell Sun

LITTLETON — Just weeks before the groundbreaking of an important water treatment plant, town officials reached an out-of-court settlement with abutters who filed a lawsuit in 2019 to block it.

In 2019, residents filed suit in Middlesex Superior Court attempting to protect and conserve a plot of land on Whitcomb Avenue, near where the plant will be built.

On June 7, the two groups issued a statement that at least 2.25 acres of land will be protected and used as open space.

Residents on the street initially argued the land is protected under Article 97 of the State Constitution and that the water is already safe to drink — where little traces of PFAS were found near resident Robert Otto’s home. Otto’s family has lived in Littleton since 1984.

“Some of us are direct abutters to the protected land and the remainder live in other sections of town but are equally concerned about the town’s disregard for conservation land,” Otto wrote to The Sun during litigation.

“I’m a staunch proponent of land conservation,” Otto said. Adding that he doesn’t care where the land is, he wants to protect it.

Otto, along with residents Francis B. Magurn, Joanne R. Coleman, Michael T. Leydon and Emily M. Leydon, signed the Middlesex Superior Court filing and were not convinced a new water facility was needed.

Attempts to reach those residents for comment Monday were unsuccessful.

The residents got their legal fees reimbursed, which was not included in the press release.

Nick Lawler, water department general manager, said he’s “excited about moving forward to give clean water to the town and meet (residents’) expectations.” He also told the Board of Selectmen during a 2020 meeting the plant was outdated and needed to be upgraded.

“The town will now have both a new water treatment plant and an additional parcel of open space,” the groups said.

The facility’s main goal is to lower iron, manganese, per- and polyfluoroalkyl (or PFAS) that were first detected at the Spectacle Pond, and/or any “other regulated substance below their respective Massachusetts drinking-water standards at any location deemed by the board of water commissioners,” according to the Water Department.

PFAS are man-made chemicals that have been manufactured in the United States since the 1940s, and most people have been exposed to PFAS, according to the Environmental Protection Agency. Certain PFAS can accumulate, stay in the human body for long periods of time and, potentially, cause increased cholesterol levels, low infant birth weights, effects on the immune system, cancer and/or thyroid hormone disruption.

The plan would also replace existing wells which provide 45% of public drinking water and are the only wells without a treatment plant. An old highway department garage would be removed, and wetland areas would be restored to a natural habitat that supports wildlife.

The project will be paid for by the Littleton Water Department ratepayers through their water bills.

Gov. Charlie Baker signed legislation allowing use of the land in November 2020.

A groundbreaking ceremony is scheduled for Wednesday.

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