§ 135-205. Repetitive petitions.

A. 

Any petition for a variance or application for a special permit may be withdrawn, without prejudice, prior to the publication of the notice of public hearing. After publication of the notice of public hearing, a petition for variance or special permit may be withdrawn without prejudice only with the approval of the special permit granting authority (SPGA) or the permit granting authority (PGA).

B. 

Any appeal, application or petition which has been denied by the SPGA or PGA shall not be acted favorably upon within two years after the date of denial unless:

(1) 

A minimum of four members of the Planning Board consents; and

(2) 

The PGA finds by unanimous vote or the SPGA finds by a vote of at least four members that there are specific and material changes in the conditions upon which the previous unfavorable action was based and describes such changes in the recording of its proceedings.

C. 

The actions of the boards identified above may occur only after notice is given to parties of interest of the time and place of the meeting at which the petition will be considered.