Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
SECTION 1. Notwithstanding the provisions of any general or special law to the contrary, the town of Bolton is hereby authorized to lease a certain parcel of land to Southwestern Bell Mobile Systems, Inc. for the purpose of constructing, maintaining and operating a communications facility thereon. Upon completion of construction of the facility and receipt of all necessary permits for operation of the facility, Southwestern Bell Mobile Systems, Inc. shall dismiss with prejudice its petition filed August sixteenth, nineteen hundred and ninety-four, with the department of public utilities which requests an exemption, pursuant to section three of chapter forty A of the General Laws from the town of Bolton zoning by-laws.
SECTION 2. The parcel to be leased, as authorized in section one, is a portion of premises on the southerly side of Main street and the westerly side of Route 495 in the town of Bolton, deeded to said town of Bolton on December eleventh, nineteen hundred and eighty, being approximately two and one-half acres, as well as rights of way thereto and required construction and utility easements.
SECTION 3. The communications facility to be constructed as authorized by section one shall consist of one free-standing, self-supporting, non-lighted tower structure which shall not exceed one hundred and fifty feet in height with antennas and antenna arrays, along with one or more accessory buildings and all necessary appurtenances, radio, electronic and electrical equipment, connecting cables, coax of wires and shall be constructed and maintained entirely at Southwestern Bell Mobile Systems, Inc.'s expense.
SECTION 4. The lease, as authorized by section one, shall include, but not be limited to, the following terms: Southwestern Bell Mobile Systems, Inc., by mutual agreement with said town, may grant licenses to use the communications facility to additional parties; the town shall have the right to mount antennas on the tower for public safety or other purposes and to install transmitting equipment in the equipment building at no cost. The lease shall also include such other terms as are mutually agreed upon by the parties and may be amended by mutual agreement of said town and Southwestern Bell Mobile Systems, Inc.
SECTION 5. The town of Bolton is hereby authorized to enter into a contract and amendments thereto with Southwestern Bell Mobile Systems, Inc. to carry out the purposes of this act. Any terms or conditions contained in said contract and amendments thereto shall be presumptively valid, although not explicitly provided for in this act.
SECTION 6. The board of selectmen of the town of Bolton shall have the authority to take all actions necessary to carry out the purposes of this act as it relates to the execution and negotiation of the contract for the lease of the parcel and any amendments thereto.
SECTION 7. This act shall take effect upon its passage.