§ 35. Permits for building 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 city which has established such a board having power to make
variances or exception 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 city. 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 fifteen days notice of the
time and place of such hearing shall be published in an official
publication of said city or in a newspaper of general circulation
therein. Any such decision shall be subject to review by certiorari
order issued out of a court of record in the same manner and pursuant to
the same provisions as in appeals from the decisions of such board upon
zoning regulations.

Where a proposed street widening or extension has been shown on such
official map or plan for ten years or more and the city has not acquired
title thereto, the city may, after a hearing on notice as hereinabove
provided, grant a permit for a building and/or structure in such street
or highway and shall impose such reasonable requirements as are
necessary to protect the public interest as a condition of granting such
permit, which requirements shall inure to the benefit of the city.