Section 280. Permits for buildings in bed of mapped streets  


Latest version.
  • 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.