No permit shall hereafter be issued for any
building in the bed of any street or highway shown or laid out on
the Official Map or Master Plan of the Village of Great Neck Estates;
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 shall have the power by a majority of its members to grant
a permit for a building or structure or part thereof in any such mapped
street or highway location which will as little as practicable increase
the cost of opening such street or highway or tend to cause the least
change of such Official Map or Master Plan, and the Planning Board
may impose reasonable requirements which shall inure to the benefit
of the Village. Before taking any action authorized by this section,
the Board of Appeals shall hold a public hearing at which parties
in interest and others shall have an opportunity to be heard.
For the purpose of computing the building area, the size of the lot, the front yards, rear yards and side yards, as prescribed in Chapter
230, Zoning, of the Village, as amended, any proposed street shown on any Official Map or Master Plan of the Village, or any amendment or modification thereof now or hereafter duly adopted by the Planning Board or the Board of Trustees of the Village, shall be considered as if such proposed street or streets had been duly opened and improved and made available for public use in the same manner as a public street.