N.Y. VIL Law § 7-734

§ 7-734 Buildings in streets; permits; hearings; review. For the\npurpose of preserving the integrity of such official map or plan no\npermit shall hereafter be issued for any building in the bed of any\nstreet or highway shown or laid out on such map or plan, provided,\nhowever, that if the land within such mapped street or highway is not\nyielding a fair return on its value to the owner, the board of appeals\nor other similar board in any village which has established such a board\nhaving power to make variances or exceptions in zoning regulations shall\nhave power in a specific case by the vote of a majority of its members\nto grant a permit for a building in such street or highway which will as\nlittle as practicable increase the cost of opening such street or\nhighway, or tend to cause a change of such official map or plan, and\nsuch board may impose reasonable requirements as a condition of granting\nsuch permit, which requirements shall inure to the benefit of the\nvillage. Before taking any action authorized in this section, the board\nof appeals or similar board shall give a hearing at which parties in\ninterest and other shall have an opportunity to be heard. Any such\ndecision shall be subject to review in the same manner and pursuant to\nthe same provisions as in appeals from the decisions of such board upon\nzoning regulations.\n