of New York under section 68 of the Railroad Law an application for a determination as to whether the applicant's railway should cross over or under or at grade of the tracks of the Long Island Railroad Company at the point where the Jamaica and Hempstead turnpike in the borough of Queens crosses the tracks of the said Long Island Railroad Company, and Whereas, After a public hearing an agreement was entered Into between the said Long Island Railroad Company and the said Long Island Electric Railway Company providing for a crossing at grade and further providing that on or before June 1, 1907, the Long Island Electric Railway Company should construct an overhead crossing of the steam railroad tracks, and Whereas, the Board of Railroad Commissioners, on or about June 19, 1905. duly approved of the temporary grade crossing provided for in said agreement and specified certain details as to the manner of crossing, and Whereas, The Long Island Railroad Company on or about March 18, 1907, filed a petition with the Board of Railroad Commissioners asking permission to continue the grade crossing for the further period of one year, and Whereas, A hearing was held on this petition on or about March 22, 1907, after which the Board of Railroad Commissioners determined that the said grade crossing should continue for a further period of one year from June 1, 1907, to June 1, 1908, and Whereas, The Long Island Electric Railway Company now petitions the Public Service Commission, as successors to the Board of Railroad Commissioners, for further permission to continue the temporary grade crossing for the period of one year from June 1, 1908, to June 1, 1909, now therefore it is Ordered, That a hearing be had on the 15th day of May, 1908, at 2:30 o'clock in the afternoon or at any time or times to which the same may be adjourned, at the rooms of the Commission at No. 154 Nassau street, borough of Manhattan, city and State of New York, to inquire whether permission should be granted to the Long Island Electric Railway Company to continue to cross the tracks of the Long Island Railroad Company on the Jamaica and Hempstead turnpike near Queens in the borough of Queens, city of New York, at grade in the manner now in use and to determine the period for which such permission should continue. To the end that the Commission may make such order or orders in the premises as shall be just and reasonable. Further ordered, That to the said Long Island Railroad Company and the said Long Island Electric Railway Company at least ten days' notice of such hearing be given by service upon each of them personally or by mail of a certified copy of this order and that at such hearing said companies be afforded all reasonable opportunity for examining and cross-examining witnesses as to the matters aforesaid. In February, 1905, the Long Island Electric Railway Company, a street surface road, filed with the Board of Railroad Commissioners, under section 68 of the Railroad Law, an application for a determination whether their street surface railroad should cross over or under or at grade of the tracks of the Long Island Railroad Company at the Jamaica and Hempstead turnpike. In June, 1905, the Board of Railroad Commissioners approved of a temporary grade crossing, but made no determination as to the ultimate separation of grades. At the end of the year permission was given by the same board for the continuation of the grade crossing to June 1, 1908. The Long Island Electric Railway Company now asks for further permission to continue the grade crossing for one year, and on the hearing amended their application by asking an extension for two years. After examination of the papers and after testimony taken on the hearing. I am of the opinion that the proceeding before the Board of Railroad Commissioners was never finally determined, as no final provision was ever made for the grade of the new street railroad. That board did not say that until June 1, 1908, the tracks should cross at grade, and after that date should be elevated or depressed; but the final grade of the track was left undetermined and this application is, by consent of the applicant company, and the consent of the Long Island Railroad Company, whose track is to be crossed, to be considered a continuation of the old application. From the testimony of our own inspectors and that of the engineers of the two railroad companies, it would seem that this crossing is most carefully protected, and I believe that until it is possible to separate the grade of the Jamaica and Hempstead turnpike from the grade of the Long Island railroad, or at least until traffic on that highway is much heavier than at present, the Long Island Electric Railway Company should be allowed to remain on the highway and cross at grade. I, therefore, submit herewith an order reciting the continuation of the proceeding and granting, in the meanwhile, permission to the company to continue to cross at grade. Thereupon the following final order was issued: ORDER No. 543. May 29, 1908. This matter coming on upon the report of the hearing had herein on the 15th day of May, 1908, and it appearing that said hearing was held by and pursuant to an order of this Commission made May 1, 1908, and returnable on May 15, 1908, and that the said order was duly served upon the Long Island Electric Railway Company and upon the Long Island Railroad Company, and that the said service was by them duly acknowledged, and that said hearing was held by and before the Commission on the matters in said order specified on May 15, 1908, and by adjournment duly had on May 22, 1908, before Mr. Commissioner Bassett, presiding, Arthur DuBois, Esq., appearing for the Commission, VanVechten Veeder, Esq., appearing for the Long Island Electric Railway Company, and C. L. Addison, Esq., appearing for the Long Island Railroad Company, and proof having been taken. Now it being made to appear after the proceedings upon said hearing that on or about the 24th day of February, 1905, the Long Island Electric Railway Company filed with the Board of Railroad Commissioners of the State of New York, under section 68 of the Railroad Law, an application for a determination as to whether the applicant's street surface railway should cross over or under or at grade of the tracks of the Long Island Railroad Company at the point where the Jamaica and Hempstead turnpike crosses the tracks of the Long Island Railroad Company in the borough of Queens, city of New York, and it appearing that after public hearing the said Board of Railroad Commissioners approved of a temporary grade crossing until June 1, 1907; and it further appearing that the Board of Railroad Commissioners on or about March 22, 1907, made a further determination that the said grade crossing should continue for a further period, namely, until June 1, 1908; and it further appearing that there is no good reason at the present time why the tracks of the Long Island Electric Railway Company should not continue to cross the tracks of the Long Island Railroad Company at grade temporarily, Therefore, on motion of George S. Coleman, Esq., counsel to the Commission, it is Ordered, That pending a final determination by this Commission as to the ultimate grade of the tracks of the Long Island Electric Railway Company at the grade crossing of the Jamaica and Hempstead turnpike with the Long Island railroad Company, and pending the separation of the grades of the Jamaica and Hempstead turnpike and the tracks of the Long Island Railroad Company, in the borough of Queens, but in no event for a period to exceed two years from the date of the making and filing of this order, permission is granted the Long Island Electric Railway Company to maintain its present crossing with the tracks of the Long Island Railroad Company at the Jamaica and Hempstead turnpike, borough of Queens, city of New York; and it is Further Ordered, That this permission shall cease and determine upon the separation of the grades of the Jamaica and Hempstead turnpike and the Long Island Railroad Company, and that in the event of such separation of grades the tracks of the Long Island Electric Railway Company shall follow the grade of the Jamaica and Hempstead turnpike. It is Further Ordered, That this permission shall cease and determine upon a final determination of the Public Service Commission for the First District in this proceeding after a hearing duly had, upon ten days' notice to the Long Island Electric Railway Company and to the Long Island Railroad Company on or before June 1, 1910. It is Further Ordered, That this order shall take effect immediately and continue in force until June 1, 1910. Long Island Railroad Company - Brooklyn Union Elevated Railroad Company.- Opening Avenue P across the tracks of the Long Island Railroad Company and the Brooklyn Union Elevated Railroad Company between Ocean avenue and Gravesend avenue, Brooklyn. An application having been made by The City of New York, under section 61 of the Railroad Law, to this Commission to determine whether a certain proposed new street, namely, Avenue P, between Ocean avenue and Gravesend avenue, in the borough of Brooklyn, city of New York, shall pass over or under or at grade of the tracks of the Long Island Railroad Company and the tracks of the Brooklyn Union Elevated Railroad Company, and application having been made to the Public Service Commission for the First District by the city of New York for the appointment of a time and place for a hearing in relation thereto, Resolved, That a hearing be had on the said application in the hearing room in the office of the Public Service Commission for the First District, at No. 154 Nassau street, borough of Manhattan, city of New York, at 2:30 o'clock in the afternoon, on the 9th day of July, 1908; and it is further Resolved, That notice of said hearing be given to all owners of land on the proposed extension of Avenue P, between Ocean avenue and Gravesend avenue, borough of Brooklyn, city of New York, and to all owners of land adjoining the tracks of the Long Island Railroad Company and of the Brooklyn Union Elevated Railroad Company, at or near the point of intersection of the said proposed extension of Avenue P with the said railroads, by publishing daily in the City Record for two weeks prior to the date of hearing the notice set forth below; and that notice of the said hearing be served upon the Long Island Railroad Company and upon the Brooklyn Union Elevated Railroad Company by the service of a copy of the said notice personally upon an officer of each of the said railroad companies at least ten days in advance of the date set for said hearing; that notice of the said hearing be served upon the city of New York by service of a copy of said notice upon the secretary of the board of estimate and apportionment of the city of New York and upon the corporation counsel at least ten days prior to the date set for the said hearing. NOTICE TO PROPERTY OWNERS. Pursuant to section sixty-one (61) of the Railroad Law, the Public Service Commission for the First District hereby gives notice to the city of New York, to the Long Island Railroad Company, to the Brooklyn Union Elevated Railroad Company and to all owners of land adjoining the said railroad and that part of Avenue P, borough of Brooklyn, City of New York, to be opened or extended from Ocean avenue to Gravesend avenue, that the Public Service Commission for the First District will hold a public hearing in its bearing room on the third floor of the Tribune Building, No. 154 Nassau street, borough of Manhattan, city of New York, on July 9, 1908, at 2:30 o'clock in the afternoon, for the purpose of hearing an application made by the city of New York to the Public Service Commission to determine whether the proposed extension of Avenue P from Ocean avenue to Gravesend avenue shall pass over or under or at grade of the tracks of the Long Island Railroad Company and the tracks of the Brooklyn Union Elevated Railroad Company, and to determine the manner and method of extending Avenue P across the said railroad tracks, the grade or grades of the street and such other matters pertaining thereto as may be brought before the Commission under the provisions of the Railroad Law. Hearing held July 9th. Application by the City of New York to acquire title to various streets in the boroughs of Queens and Brooklyn. ORDER No. 230. January 31, 1908. Hearing Order No. 230.- Resolved, That a hearing be given on February 20th, at 2 P. M., and that ten days' notice thereof be given to the proper persons and proper corporations in the following matters: Application of the city of New York, relative to acquiring title to Cleveland avenue, between Thomson avenue and Skillman avenue; First street, between Thomavenue; Second street, between Woodside avenue and son avenue and Jackson Jackson avenue; and Third street between Thomson avenue and Jackson avenue, in the borough of Queens, the city of New York. Application of the city of New York, relative to acquiring title to Grout avenue between Greenpoint avenue and Fisk avenue, Second ward, borough of Queens, city of New York. Application of the city of New York, relative to acquiring title to Kelly avenue between Woodside avenue and Jackson avenue; Sixth street between Thomson avenue and Seventh street, and Seventh street, between Thomson avenue and Jackson avenue, Second ward, in the borough of Queens, city of New York. Application of the city of New York, relative to acquiring title to Hegeman avenue, between East Ninety-eighth street and New Jersey avenue, in the borough of Brooklyn, city of New York. An application having been made by the city of New York, under section 61 of the Railroad Law, to this Commission, to determine whether certain proposed new streets, namely, First street, between Thomson avenue and Jackson avenue; Second street, between Woodside avenue and Jackson avenue; and Third street, between Thomson avenue and Jackson avenue, all in the borough of Queens, city of New York, shall pass over or under or at grade of the tracks of the Northside Division of the Long Island Railroad Company, and application having been made to the Public Service Commission for the First District by The City of New York for the appointment of a time and place for a hearing in relation thereto. Resolved, That a hearing be had in the Hearing Room, in the office of the Public Service Commission for the First District, at borough of Manhattan, city of New York, at 2 p. that at least ten days' notice of the said hearing be as required by law. No. 154 Nassau street, m., February 20, 1908, and given to the proper persons, An application having been made by the city of New York, under section 61 of the Railroad Law, to this Commission, to determine whether a certain proposed new street, namely, Grout avenue, between Greenpoint avenue and Fisk avenue, second ward, borough of Queens, city of New York, shall pass over or under or at grade of the tracks of the Flushing and Northside Division of the Long Island Railroad Company, and application having been made to the Public Service Commission for the First District by the city of New York for the appointment of a time and place for a hearing in relation thereto. Resolved, That a hearing be had in the Hearing Room, in the office of the Public Service Commission for the First District, at No. 154 Nassau street, borough of Manhattan, city of New York, at 2 P. M., February 20, 1908, and that at least ten days' notice of the said hearing be given to the proper persons, as required by law. An application having been made by the city of New York, under section 61 of the Railroad Law, to this Commission, to determine whether certain proposed new streets, namely, Sixth street, between Thomson avenue and Seventh street, and Seventh street, between Thomson avenue and Jackson avenue, both in the borough of Queens, city of New York, shall pass over or under or at grade of the tracks of the Northside Division of the Long Island Railroad Company, and application having been made to the Public Service Commission for the First District by the city of New York for the appointment of a time and place for a hearing in relation thereto. Resolved, That a hearing be had in the Hearing Room, in the office of the Public Service Commission for the First District, at No. 154 Nassau street, borough of Manhattan, city of New York, at 2 P. M., February 20, 1908, and that at least ten days' notice of the said hearing be given to the proper persons, as required by law. |