2013 New York Consolidated Laws
VIL - Village
Article 7 - (7-700 - 7-742) BUILDING ZONES
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.