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In the Matter

of the

ORDER No. 2301
NOTICE OF HEARING.

January 31, 1908.

Application of THE CITY OF NEW YORK, rela

tive to opening across the tracks of the Flushing and Northside Division of

the Long Island Railroad, the following street:

GROUT AVENUE
Between Greenpoint Avenue and Fisk Avenue
Second Ward, Borough of Queens, 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 a certain proposed new street, namely, Grout avenue, between Greenpoint avenue and Fisk irenue, second ward, borough of Queens, city of New York, sball 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.

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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 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.

Resolred, 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.

In the Matter

of the

Application of THE CITY OF NEW YORK, rela

tive to opening across the tracks of the Man-
hatian Beach Branch of the Long Island Rail-
road Company and the Brooklyn Union Elevated
Railroad Codipany the following street:

HEGEMAN AVENUE
Between East Ninety-eighth Street and New
Jersey Avenue, in the Borough of Brooklyn,
city of New York.

ORDER No. 230-d.
NOTICE OF HEARING,

January 31, 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 Dew street, namely, Hegeman arenue, between East Ninety-eighth street and New Jersey a renue, 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 Rail-
road Company.

Hearing Order No. 230 D 1.
Opinion of Commissioner Bassett.
Final Order No. 490.

In the Matter

of the

Application of THE CITY OF NEW YORK, relative to opening across the tracks of the Man. hattan Beach Branch of the Long Island Railroad Company and the Brooklyn Union Elevated Railroad Company the following street:

HEARING ORDER,

No. 230 D 1
With Notice.

March 24, 1908.

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 be 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 Jsland Railroad Company and the Brooklyn Union Elevated Railroad Company, and anplication 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 alljoining 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 oilicer 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 orer 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,

Dated, March 24, 1908.
Hearing held April 16th.

OPINION OF COMMISSION.

(Adopted May 12, 1908.) COMMISSIONER BASSETT:

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 pronosed 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 roust 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 Ilegeman 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 ('rossing 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

also that the abutments of the bridge carrying the railroad over Hegeman avenue be the same width as the proposed extension of Hegeman avenue.

Velson P. Lewis, Esq., Chief Engineer of the Board of Estimate and Apportionment, bad prepared and kindly furnished to the Commission

a summary statement of the grades which he believed should be adopted in order to 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 serents 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 Lorg 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, llegeman 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 l'ublic Service Commission for the First District, James F. Quigley, Esq., and T. C. Biake, Esq., assistant corporation counsel, appearing for the city of New York; J. F. Kenney, 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 IIegeman 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 llegeman avenue.

(c) 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 strect 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 columos may be placed at the curb line.

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

(2) As to the Canarsie branch of the Brooklyn Union Elevated Railroad Company

(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.

Resolrod, That a hearing be had in the hearing room, in the office of the Public Service ('ommission for the First District, at No. 134 Nassau 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.

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