Where the Planning Board finds that extraordinary hardships shall result from strict compliance with this chapter, 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 this chapter. Any variance granted by the Planning Board shall not be deemed a variance of Chapter
235, Zoning, and any variance from the provisions of Chapter
235, Zoning, must be obtained as set forth in Chapter
235, Zoning. 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 this chapter.