Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Notwithstanding any general or special law to the contrary, the town of Rowley may transfer the care, custody and control of a 26,175 square foot portion of a certain parcel of land, described in section 2, from the Rowley conservation commission to the board of selectmen of said town for the purpose of leasing to an FCC licensed telecommunications carrier for the installation and maintenance of a telecommunications tower and accessory equipment for personal wireless services.

SECTION 2. The land to be transferred to the board of selectmen of the town of Rowley under section 1 is described as follows:-

A 26,175 square foot portion of a certain parcel of land off Smith Lane, Rowley, Massachusetts, said parcel identified on Rowley Assessors' Map 13, as Lots 2 & 5 and described in a deed to the conservation commission and recorded in the Essex registry of deeds at Book 6612, Page 521 and dated June 25, 1979; said portion of the parcel is identified on a plan entitled "Smith Lane Map 13 Lot 2 Smith Lane Rowley, Ma. 01969 Essex County", dated April 6, 2004, prepared by Ronald F. Bukoski.

SECTION 3. The town of Rowley shall dedicate a parcel of town-owned land, equal to or larger than the parcel described in section 2, for conservation or recreation purposes. If such dedication of such conservation or recreation land has not occurred before, or up to 90 days after the effective date of this act, the town of Rowley shall appropriate the proceeds of all annual fees collected from such carrier for conservation and recreation purposes.

SECTION 4. This act shall take effect upon its passage.