N.Y. Village Law § 7-734: Buildings in streets; permits; hearings; review

§ 7-734 Buildings in streets; permits; hearings; review. 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 village which has established such a board

having power to make variances or exceptions 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

village. 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 other shall have an opportunity to be heard. Any such

decision shall be subject to review in the same manner and pursuant to

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

zoning regulations.