§ 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.