Any person proposing to change the name of an existing street shall follow the procedures set forth in this bylaw, which applies to all ways within the Town (whether public or private) that are open to use by the public or approved by the Planning Board through the subdivision of land process. This bylaw shall be construed and applied consistently with the applicable Massachusetts statutory procedure for street naming as set forth in MGL c. 85, §§ 3, 3A and 3B, including the appellate rights set forth in the said § 3.
A.
Eligible streets and names. No street shall be renamed if it has been initially named, or if its name has been changed, within the preceding 25 years. Proposed names must not be identical, or confusingly similar, to that of any existing way in Town. No proposed street name shall be used to honor any living person or any business entity.
B.
Application process. The proponent of a street name change shall file a written application with the Town Clerk, together with a minimum filing fee of $800. The fee shall be adjusted by the Town Clerk to reflect the anticipated cost of notification of the owners and residents of, and businesses located on, properties affected by the proposed change. The filing fee shall not apply to any change proposed by a public body of the Town. The application need not follow any particular format, but shall at a minimum i) identify the existing way that is proposed to be renamed; ii) state the proposed new street name; iii) explain the rationale of the change; and iv) be signed by the proponent, whose name and address must be clearly legible. The Town Clerk shall, within 10 days after receipt of the application and any applicable fee, forward a copy to the Fire Chief, Police Chief, Town Engineer, and Town Assessor's Office. The Town Assessors Office shall assemble and send to the Town Clerk a list of the names and addresses of all persons known to own or reside at, and all businesses known to be located on, properties abutting the way in question. The Town Clerk shall forward the list together with the application to the Planning Board for a public hearing.
C.
Public hearing. The Planning Board shall conduct a public hearing on the application for a street name change within 60 days after receiving the application and the list of abutting owners, residents and businesses from the Town Clerk. The Planning Board shall give notice of such hearing by publication in a newspaper of general circulation published in the Town once in each of two successive weeks, the last publication to be at least two days before the hearing, and by mailing notice to all owners, residents and businesses on the list forwarded by the Town Clerk at least one week before the hearing. Notice of the hearing shall also be posted on multifamily properties and on the Town's website, and shall be sent to the Fire Department, Police Department, Town Engineer, Zoning Board of Appeals, Municipal Gas and Light Department, Public Works Director, Board of Assessors, Historical Commission and Postmaster. If the actual cost of notice exceeds the fee previously paid, the Town Clerk shall demand payment of the difference in advance before the Planning Board commences any mailing with respect to proposals not made by public bodies of the Town. Prior to the public hearing, the Fire Chief, Police Chief and Town Engineer shall each give his or her written report and recommendation to the Planning Board with respect to the proposed name change. The Planning Board shall vote on whether to recommend the proposed name change to the Town Council within 30 days after the opening of the public hearing and shall forward its recommendation to the Town Council forthwith following such vote.
D.
Action by Town Council. The Town Council shall promptly review and act on the recommendation by the Planning Board with respect to the proposed street name change. If the Town Council declines to make the name change, it shall so inform the applicant and the Town Clerk. If the Town Council approves the name change, in addition to notifying the applicant and the Town Clerk, it shall request payment from the applicant to cover the cost of changing and installing all applicable signage, and sending notice of the change by mail to all persons residing on the affected street or owning property thereon, and all businesses located there. No action shall be taken on the name change until such payment is received. Any street name change approved by the Town Council shall become effective on a date to be set by the Town Council, such date to be not less than 120 days and not more than 365 days after the vote by the Town Council.
E.
Appeal rights. Any person aggrieved by a street name change effected hereunder is advised of his appellate rights under MGL c. 85, § 3, which permits an appeal to the Massachusetts Department of Transportation by petition of at least 25 inhabitants of the Town within 30 days following such change.