No appeal, application or petition that has been unfavorably
and finally acted upon by the Planning Board or the Board of Appeals
shall be acted favorably upon within two years after the date of final
unfavorable action unless the Planning Board or the Board of Appeals,
as applicable, finds, by a vote of four members of the Planning Board
or a unanimous vote of the Board of Appeals, specific and material
changes in the conditions upon which the previous unfavorable action
was based and describes such changes in the record of its proceedings,
after notice is given to parties in interest of the time and place
of the proceedings when the question of such consent will be considered.
1. The Planning Board shall act first when the original unfavorable
action occurred at the Board of Appeals. The Board of Appeals shall
act first when the original unfavorable action occurred at the Planning
Board.