N.Y. General City Law § 35: Permits for building in bed of mapped streets

§ 35. Permits for building in bed of mapped streets. For the purpose

of preserving the integrity of such official map or plan no permit shall

hereafter be issued for any building in the bed of any street or highway

shown or laid out on such map or plan, provided, however, that if the

land within such mapped street or highway is not yielding a fair return

on its value to the owner, the board of appeals or other similar board

in any city which has established such a board having power to make

variances or exception in zoning regulations shall have power in a

specific case by the vote of a majority of its members to grant a permit

for a building in such street or highway which will as little as

practicable increase the cost of opening such street or highway, or tend

to cause a change of such official map or plan, and such board may

impose reasonable requirements as a condition of granting such permit,

which requirements shall inure to the benefit of the city. Before taking

any action authorized in this section, the board of appeals or similar

board shall give a hearing at which parties in interest and others shall

have an opportunity to be heard. At least fifteen days notice of the

time and place of such hearing shall be published in an official

publication of said city or in a newspaper of general circulation

therein. Any such decision shall be subject to review by certiorari

order issued out of a court of record in the same manner and pursuant to

the same provisions as in appeals from the decisions of such board upon

zoning regulations.

Where a proposed street widening or extension has been shown on such

official map or plan for ten years or more and the city has not acquired

title thereto, the city may, after a hearing on notice as hereinabove

provided, grant a permit for a building and/or structure in such street

or highway and shall impose such reasonable requirements as are

necessary to protect the public interest as a condition of granting such

permit, which requirements shall inure to the benefit of the city.