N.Y. Town Law § 280

§ 280. Permits for buildings in bed of mapped streets. For the purpose\nof preserving the integrity of such official map or plan no permit shall\nhereafter be issued for any building in the bed of any street or highway\nshown or laid out on such map or plan, provided, however, that if the\nland within such mapped street or highway is not yielding a fair return\non its value to the owner, the board of appeals, or other similar board,\nin any town which has established such a board having power to make\nvariances or exceptions in zoning regulations, shall have power in a\nspecific case by the vote of a majority of its members to grant a permit\nfor a building in such street or highway which will as little as\npracticable increase the cost of opening such street or highway, or tend\nto cause a change of such official map or plan, and such board may\nimpose reasonable requirements as a condition of granting such permit,\nwhich requirements shall inure to the benefit of the town. Before taking\nany action authorized in this section, the board of appeals or similar\nboard shall give a hearing at which parties in interest and others shall\nhave an opportunity to be heard. At least ten days' notice of the time\nand place of such hearing shall be published in a newspaper of general\ncirculation in such town. Any such decision shall be subject to review\nin the same manner and pursuant to the same provisions as in appeals\nfrom the decisions of such board upon zoning regulations.\n