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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, Hegeman avenue, between East Ninety-eighth street and New Jersey avenue, in the borough of Brooklyn, city of New York, shall pass over or under or at grade of the tracks of the Manhattan Beach Branch of the Long Island Railroad Company and 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 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.

Long Island Railroad Company - Brooklyn Union Elevated Railroad Company. Application of the city of New York to open Hegeman avenue across tracks of the Long Island Railroad Company and the Brooklyn Union Elevated Railroad Company.

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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, Hegeman avenue, between East Ninety-eighth street and New Jersey avenue, in the borough of Brooklyn, city of New York, shall pass over or under or at grade of the tracks of the Manhattan Beach Branch of the Long Island Railroad Company and 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 16th day of April, 1908; and it is further

Resolved, That notice of said hearing be given to all owners of land on the proposed extension of Hegeman avenue between East Ninety-eighth street and New Jersey avenue, borough of Brooklyn, city of New York, and to all owners of land adjoining the tracks of the Long Island Railroad Company and the tracks of the Brooklyn Union Elevated Railroad Company at or near the point of intersection of the said proposed extension of Hegeman avenue 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; that notice of the said hearing be served upon the Long Island Railroad Company and upon the Brooklyn Union Elevated Railroad Company by a service of a copy of said notice personally upon an officer of each of the said railroad companies, at least ten (10) 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 a service of a copy of the said notice upon the corporation counsel, at least ten (10) 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 public notice to the city of New York, the Long Island Railroad Company, the Brooklyn Union Elevated Railroad Company, and to all owners of land adjoining the said railroads and that part of

HEGEMAN AVENUE, BOROUGH OF BROOKLYN, CITY OF NEW YORK.

To be opened or extended from East 98th street to New Jersey avenue; that the Public Service Commission for the First District will hold a public hearing in its hearing room on the third floor of the Tribune Building, No. 154 Nassau street, borough of Manhattan, city of New York, on April 16, 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 said Public Service Commission to determine whether the proposed extension of Hegeman avenue from East 98th street to New Jersey avenue shall pass over or under or at grade of the tracks of the Long Island Railroad Company and of the Brooklyn Union Elevated Railroad Company, and to determine the manner and method of extending Hegeman avenue 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,

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A hearing was held before me on an application by the city of New York to the Commission, under section 61 of the Railroad Law, for determination whether the proposed extension of Hegeman avenue between East Ninety-eighth street and New Jersey avenue in the borough of Brooklyn should pass over or under or at a grade of the tracks of the Manhattan Beach Branch of the Long Island Railroad Company and the tracks of the Brooklyn Union Elevated Railroad Company, and for a determination of the manner and method of crossing and the grades thereof. The tracks of these two railroads at the point of their intersection with the proposed extension of Hegeman avenue are over 100 feet apart, and for this reason two determinations by this Commission are necessary, one as to each railroad.

At the hearing there appeared the two railroad companies, the city of New York, the Brooklyn Grade Crossing Commission and several property owners. All agreed that owing to the present grades of the railroads, Hegeman avenue must pass under the tracks of both railroads. It appeared also that the Brooklyn Grade Crossing Commission, by virtue of special legislation, had fixed the grade of the Long Island Railroad Company at this point. It was found also that the established grades of Hegeman avenue would carry that street beneath the tracks of the Long Island Railroad Company, leaving ample head-room, and I therefore recommend as to the Long Island Railroad that the grade of the tracks remain as fixed by the Brooklyn Grade Crossing Commission and that the grades of the approaches to the crossing under the tracks of the railroad be those already established as the official grade of Hegeman avenue. I recommend

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also that the abutments of the bridge carrying the railroad over Hegeman avenue be the same width as the proposed extension of Hegeman avenue. Nelson P. Lewis, Esq., Chief Engineer of the Board of Estimate and Apportionment, had prepared and kindly furnished to the Commission a summary statement of the grades which he believed should be adopted in order carry Hegeman avenue beneath these two sets of tracks, and his suggestions, which appear to be in accord with the ideas of the representatives of the two railroad companies, have been embodied in the order which I submit herewith. In respect to the Canarsie Branch of the Brooklyn Union Elevated Railroad Company, I believe that it is necessary to establish the grade of the street four feet below the grade heretofore legally established at this point, the grade or approaches to be uniform grades from the present legally established grade of Snediker avenue, the bridge carrying the railroad tracks over the street to be seventy feet in length, that being the full width of Hegeman avenue.

The determination recommended gives a clearance between the bottom of the bridge and the established grade of the street of 12.64 feet in the case of the Brooklyn Union Elevated Railroad company and of fourteen feet in the case of the Long Island Railroad Company.

Thereupon the following final order was issued:

FINAL ORDER No. 490.

May 12, 1908.

This matter coming on upon the report of the hearing had herein on April 16, 1908, and it appearing that an application had 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, Hegeman avenue, between East Ninety-eighth street and New Jersey avenue, in the borough of Brooklyn, city of New York, should pass over or under or at grade of the tracks of the Manhattan Beach Branch of the Long Island Railroad Company and the Brooklyn Union Elevated Railroad Company, and this Commission having appointed a time and place for hearing said application, and due and reasonable notice of such hearing of more than ten days having been given to the Long Island Railroad Company and to the Brooklyn Union Elevated Railroad Company and to the city of New York and to the owners of land adjoining the railroad and that part of Hegeman avenue to be opened or extended; and it further appearing that the said hearing was held by and before this Commission on the matters specified in the order for hearing and in the notice to property owners, on April 16, 1908, and by adjournment duly had on April 23, 1908, before Mr. Commissioner Bassett, presiding, Arthur DuBois, Esq., assistant counsel, appearing for the Public Service Commission for the First District, James F. Quigley, Esq., and T. C. Blake, Esq., assistant corporation counsel, appearing for the city of New York; J. F. Keeney, Esq., general counsel, appearing for the Long Island Railroad Company, Charles Woody, Esq., counsel, appearing for the Brooklyn Union Elevated Railroad Company; E. C. Sweezey, counsel, appearing for the Brooklyn Grade Crossing Commission; Thomas E. Park, Esq., Henry Salant, Esq., and Robert Armet, Esq., appearing for various property owners:

Now, it being made to appear, after the proceedings upon said hearing, that Hegeman avenue is about to be constructed across the tracks of the Long Island Railroad Company and the tracks of the Brooklyn Union Elevated Railroad Company, and that notice of the intention to lay out said Hegeman avenue was duly given to the said railroad companies by the city of New York, as required by law, and that the said railroad companies were given an opportunity to be heard before the proper authorities of the city of New York upon the question of the necessity of the construction of Hegeman avenue, and that the city of New York duly determined that said Hegeman avenue was necessary;

Now, therefore, on motion of George S. Coleman, Esq., counsel to the Commission, it is Ordered, (1) As to the Long Island Railroad Company

(a) When Hegeman avenue shall hereafter be constructed across the Manhattan Beach branch of the Long Island Railroad Company, it shall be constructed under said railroad.

(b) The grade of the street beneath the tracks shall be at an elevation of 15.8 feet above mean high tide, that being the legally established grade of Hegeman

avenue.

(e) The elevation of top of rail of the railroad tracks to be 33.68 feet above mean high tide, this being the grade for the railroad as fixed by the Brooklyn Grade Crossing Commission in its plan for the Bay Ridge improvement.

(d) The grades of the approaches to said crossing to be those already estab lished as the official grade of Hegeman avenue.

(e) The clearance between the bottom of the bridge carrying the railroad tracks and the established grade of the street to be not less than 14 feet.

(f) The abutments carrying the bridge to be placed on the building line and to be 70 feet distant from each other, measured at right angles.

(g) When the span measured along the track does not exceed 70 feet, then there shall be no intermediate support, but when the span so measured exceeds 70 feet, supporting columns may be placed at the curb line.

ch) All elevations given above refer to the datum of the Bureau of Highways of the borough of Brooklyn.

(2) As to Company

(1) Before the construction of this bridge is commenced detailed plans and specifications approved by the chief engineer of the railroad company and by the chief engineer of the board of estimate and apportionment and an estimate of the expense of the proposed changes shall be submitted to the Public Service Commission for the First District, for their approval. the Canarsie branch of the Brooklyn Union Elevated Railroad (a) When Hegeman avenue shall hereafter be constructed across the Brooklyn Union elevated railroad, it shall be constructed below the grade of the railroad. (b) The grade of the street beneath the tracks shall be at an elevation of 12.24 feet above mean high tide or 4 feet below the grade of the street heretofore legally established at this point.

(c) The elevation of the top of rail of the railroad tracks to be 27.8 feet above mean high tide.

(d) The grades of the approaches at Hegeman avenue to be uniform grades from the elevation above given at the crossing of the Long Island Railroad Company's tracks, namely, 15.8 feet, and from the present legally established grade of Snediker avenue, namely, 15 feet above mean high tide.

(e) The clearance between the bottom of the bridge carrying the railroad tracks and the established grade of the street shall be not less than 12.64 feet.

(f) The abutments carrying the bridge to be placed on the building line and to be 70 feet distant from each other, measured at right angles.

(g) When the span measured along the track does not exceed 70 feet, then there shall be no intermediate support, but when the span so measured exceeds 70 feet, supporting columns may be placed at the curb line.

(h) All elevations given above refer to the datum of the Bureau of Highways in the borough of Brooklyn.

(i) Before the construction of this bridge is commenced detailed plans and specifications approved by the chief engineer of the railroad company and by the chief engineer of the board of estimate and apportionment and an estimate of the expense of the proposed changes shall be submitted to the Public Service Commission for the First District for their approval.

Further Ordered, That before May 17, 1908, the decision of this Commission, rendered in this proceeding, shall be communicated to all parties to whom notice of the hearing in this proceeding was given or who appeared at this hearing by counsel or in person.

New York Central and Hudson River Railroad Company.Opening of West Two Hundred and Thirty-fourth street across the tracks of Putnam division.

In the Matter
of the

Application of the CITY OF NEW YORK, relative to opening across the tracks of the New York and Putnam Division of the New York Central and Hudson River Railroad Company of

WEST 234TH STREET,

in the Borough of the Bronx.

HEARING ORDER No. 278.
February 21, 1908.

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, West 234th street, in the borough of the Bronx, shall pass over or under or at grade of the tracks of the New York and Putnam Division of the New York Central and Hudson River 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 Nassan street, borough of Manhattan, city of New York, at 2 P. M., March 5, 1908, and that at least ten days' notice of the said hearing be given to the proper persons, as required by law.

New York Central and Hudson River Railroad Company.-Application for approval of extension of time for completion of depressing tracks and constructing viaducts and bridges.

ORDER No. 576.

June 16, 1908.

"Whereas, pursuant to the authority conferred by chapter 403 of the Laws of 1908, the Board of Estimate and Apportionment of the City of New York, by resolution adopted on the 5th day of June, 1908, extended the time for the completion of the work of depressing the tracks and constructing the viaducts or bridges provided for in chapter 425 of the Laws of 1903, as amended by chapter 639 of the Laws of 1904, and in the several agreements executed pursuant to the provisions of the said acts made by and between the City of New York, The New York and Harlem Railroad Company, and its lessee, The New York Central and Hudson River Railroad Company, from the first day of July, 1908, to the 31st day of December, 1909, such extension being evidenced by an instrument in writing by and between The City of New York, The New York and Harlem Railroad Company, and its lessee, The New York Central and Hudson River Railroad Company, dated the 5th day of June, 1908, which said instrument in writing has been duly submitted to this Commission for its approval; and

Whereas, pursuant to the said chapter 403 of the Laws of 1908, such extension does not become effective until approved by this Commission;

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Now, therefore,

Resolved, That such extension of time be and the same is hereby approved; and "Resolved, That this approval be evidenced by endorsing upon or annexing to the said instrument in writing a copy of the foregoing resolution duly certified under the seal of the Commission by the Secretary of the Commission."

Union Railway Company of New York City.-Application for

approval of construction of street surface railway crossing New York Central and Hudson River Railroad, Putnam division tracks, at Two Hundred and Thirtieth street.

In the Matter
of the

Application of the UNION RAILWAY COMPANY
OF NEW YORK CITY and FREDERICK W.
WHITRIDGE, as Receiver, etc., of said Union
Railway Company, for the approval of street
surface railway construction on 230th Street,
Borough of The Bronx, City of New York.

Under Section 68 of the Railroad Law.

HEARING ORDER No. 770.
October 7, 1908.

An application, dated October 6, 1908, having been made by the Union Railway Company of New York city and by Frederick W. Whitridge, as receiver of the Union Railway Company, under section 68 of the Railroad Law, to the Public Service Commission for the First District, asking the Commission to fix and determine the crossing of the applicant's street_railroad tracks to be extended on 230th street, borough of The Bronx, between Broadway and Bailey avenue, with the tracks of the Putnam division of the New York Central and Hudson River Railroad Company (an existing steam railroad) and asking for a determination whether the tracks of the Union Railway Company (a street railroad corporation) shall pass above, below or at grade of the tracks of the Putnam Division of the New York Central and Hudson River Railroad Company.

Ordered, That a hearing be had in the hearing room, in the office of the Public Service Commission for the First District. No. 154 Nassau street, city of New York, at 2.30 o'clock P. M., October 13, 1908, at which hearing the said application will be considered.

Further Ordered, That notice of this hearing be given by mail to the Union Railway Company, to Frederick W. Whitridge, as receiver of the said Union Railway Company, to the New York Central and Hudson River Railroad Company, to the city of New York, to the corporation counsel and to the following property owners, being the owners of all the property on Two Hundred and Thirtieth street on the line of the proposed extension from Broadway to Bailey avenue, in the borough of the Bronx : Emma L. Moller, Cortlandt Godwin, George G. Godwin, Raynor Godwin, Waldo S. Godwin and Ada Godwin Randall.

Hearing held October 13th. The matter is not determined.

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