2010 New York Code
TWN - Town
Article 16 - (261 - 285) ZONING AND PLANNING
280 - Permits for buildings in bed of mapped streets.

§ 280. Permits for buildings 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  town  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 town. 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 ten days' notice of the time
  and place of such hearing shall be published in a newspaper  of  general
  circulation  in  such town. 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.