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  • Acts
  • 1998
  • Chapter 44 AN ACT AUTHORIZING THE TOWN MANAGER IN THE TOWN OF ARLINGTON TO LEASE CERTAIN PARK LAND AND OTHER OPEN SPACES TO WIRELESS COMMUNICATIONS COMPANIES FOR THE ERECTION OF WIRELESS ANTENNAS OR OTHER RELATED APPURTENANT STRUCTURES.

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 the provisions of any general or special law to the contrary, including without limitation section 3 of chapter 40 of the General Laws, the town manager of the town of Arlington, on behalf of the town, may lease for a period not to exceed 20 years, the hereinafter described parcels of land or portions of buildings, including any appurtenant air rights, to wireless communications companies for the erection of wireless antennas or related structures, after compliance with chapter 30B of the General Laws, including that described portion of Hurd Field, presently dedicated to park and playground use, said properties to include the following:

(1) Arlington High School, main building roof and cupola and a specific area within the building.

(2) Hurd Field, said area to be identified and approved by the park and recreation commission.

(3) Central Fire Station, located at 411 Massachusetts Avenue, hose tower, roof, and specific area within the building.

SECTION 2. Notwithstanding the provisions of any general or special law to the contrary, including without limitation, the provisions of section 3 of chapter 40 of the General Laws, all proceeds for lease or leases of property leased by the town of Arlington to telecommunication companies for the erection of wireless antennas or related structures shall be devoted to the care, maintenance, upkeep or enhancement of park, playgrounds, or other open space in town. The treasurer of the town of Arlington is hereby authorized to keep said proceeds in a separate account and may invest and reinvest same with any interest from same to be returned to said account. Any annual or special town meeting of the town of Arlington may appropriate said funds for such previously described use, but only for such use, unless by two-thirds vote of said town meeting, another use is voted. The town treasurer shall make an annual accounting of the funds in said account at each subsequent annual town meeting. Any rental proceeds in excess of $250,000 in any given fiscal year will be deposited into the available funds of the town and be available for any purpose as voted by the town. The authority for the fund established under this article will expire ten years from its establishment and any future rental proceeds will be deposited into the available funds of the town and will be available for any purpose voted by the town.

SECTION 3. This act shall take effect upon its passage.

Approved March 6, 1998.