Massachusetts General Laws
Chapter 40a - Zoning
Section 16 - Final Unfavorable Decisions by Permit Granting Authorities; Reconsideration; Withdrawal of Petitions for Variance or Applications for Special Permit

Section 16. No appeal, application or petition which has been unfavorably and finally acted upon by the special permit granting or permit granting authority shall be acted favorably upon within two years after the date of final unfavorable action unless said special permit granting authority or permit granting authority finds, by a unanimous vote of a board of three members or by a vote of four members of a board of five members or two-thirds vote of a board of more than five members, 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, and unless all but one of the members of the planning board consents thereto and 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.
Any petition for a variance or application for a special permit which has been transmitted to the permit granting authority or special permit granting authority may be withdrawn, without prejudice by the petitioner prior to the publication of the notice of a public hearing thereon, but thereafter be withdrawn without prejudice only with the approval of the special permit granting authority or permit granting authority.

Structure Massachusetts General Laws

Massachusetts General Laws

Part I - Administration of the Government

Title VII - Cities, Towns and Districts

Chapter 40a - Zoning

Section 1 - Title of Chapter

Section 1a - Definitions

Section 3 - Subjects Which Zoning May Not Regulate; Exemptions; Public Hearings; Temporary Manufactured Home Residences

Section 3a - Multi-Family Zoning As-of-Right in Mbta Communities

Section 4 - Uniform Districts

Section 5 - Adoption or Change of Zoning Ordinances or By-Laws; Procedure

Section 6 - Existing Structures, Uses, or Permits; Certain Subdivision Plans; Application of Chapter

Section 7 - Enforcement of Zoning Regulations; Violations; Penalties; Legally Nonconforming Structures; Notice of Action; Jurisdiction of Superior Court

Section 8 - Appeals to Permit Granting Authority

Section 9 - Special Permits

Section 9a - Special Permits for Adult Bookstores, Adult Motion Pictures Theaters, Adult Paraphernalia Stores, Adult Video Stores or Establishments Which Display Live Nudity

Section 9b - Solar Access

Section 9c - Child Care Facilities; Allowable Floor Area; Charges of Owner; Family Incomes

Section 10 - Variances

Section 11 - Notice Requirements for Public Hearings; Parties in Interest Defined; Review of Special Permit Petitions; Recording Copies of Special Permit and Variance Decisions

Section 12 - Boards of Appeal; Membership; Rules

Section 13 - Zoning Administrators; Appointment; Powers and Duties

Section 14 - Boards of Appeal; Powers

Section 15 - Appeals to Permit Granting Authority; Notice; Time; Boards of Appeal Hearings; Procedure

Section 16 - Final Unfavorable Decisions by Permit Granting Authorities; Reconsideration; Withdrawal of Petitions for Variance or Applications for Special Permit

Section 17 - Judicial Review