Where the Planning Board finds that extraordinary hardships
shall result from strict compliance with these regulations, it may
vary the regulations so that substantial justice may be done and the
public interest secured; provided, however, such variation will not
have the effect of nullifying or substantially impairing the intent
and purpose of the Official Map, the Zoning Law, the Comprehensive Plan, or these regulations. Any variance
granted by the Planning Board shall not be deemed a variance of the
Zoning Law, and any variance from the provisions of the Zoning Law
must be obtained as set forth in the Zoning Law. The application shall
state fully the grounds upon which the variance is being requested
and shall set forth, with particularity, the extraordinary hardship
that shall result if the variance is not granted. The applicant also
agrees to provide an appraisal, by an appraiser acceptable to the
Planning Board, establishing, with particularity, the difference in
value of the lands (1) when used for the best permitted use without
a variance and (2) when used for the purposes described in the requested
variance.
In authorizing a waiver or variance, the Planning Board may
attach conditions and require such guarantees, bonds and/or other
security and protection for the Town as it may deem necessary to assure
compliance with the objectives of these regulations.