Annual Report

adjourned to a date to be thereafter fixed. This crossing is in the town of Pleasant Valley, Dutchess county, instead of in the village of Pleasant Valley, and the supervisor of the town, Mr. Drake and Mr. Baker must receive notice of the next hearing. (Grade Crossing Case No. 557.)

Adjourned hearing in the application of the New York, New Haven and Hartford Railroad Company, on its own behalf and on behalf of its lessor, the New England Railroad Company, under section 60 of the Railroad Law, for a determination by the Board of the manner in which a second track of the Highland division of its railroad shall cross streets, avenues and highways in the counties of Dutchess and Putnam. William Greenough for the applicant; C. A. Fowler, engineer of Dutchess county, particularly in relation to crossing in the town of East Fishkill, Dutchess county; Lewis H. Wright, supervisor of the town of East Fishkill, Dutchess county. After hearing evidence and arguments a recess in this matter was taken until 2:15 p. m. (Grade Crossing Case No. 559.)

A recess was taken until 2 p. m.

The Board again met. Present, Commissioners Dunn, Baker and Dickey.

Hearings.

Adjourned hearing in the petition of the New York Central and Hudson River Railroad Company, under section 62 of the Railroad Law, as to the closing and discontinuance of the Pondfield road grade crossing of the New York and Harlem railroad, its lessor, in the village of Bronxville, the travel thereon to be diverted through Sagamore avenue to an overhead crossing of said railroad proposed to be constructed about 200 feet north of the present grade crossing at Pondfield road, with an approach on the east between Gramatan avenue and said proposed overhead bridge, and on the west to said overhead bridge parallel to and at right angles to the track from the intersection with the continuation of Front avenue from Palmer avenue; also the construction of an undercrossing for foot passengers of said railroad at the point where Palmer avenue if now extended would cross said railroad. C. C. Paulding for the petitioner; Kate I. Buckley appeared in person in opposition; Herman Duden for Sophia Duden and William Duden, property owners, in opposition; Alfred E. Smith for property owners not named; Theodore Dewitt for the Dewitt Estate, a property owner; W. V. Lawrence, a property owner, appeared in person; William G. Alger for himself individually, as a property owner, and for Henry C. Alger and Jennie A. Jenks, property owners; H. L. Falk for Henry Erkins, a property owner; Frederick Sprenger, a property owner, appeared in person. No one entered an appearance for the village at this hearing. No evidence or arguments were taken. At the request of the petitioner the hearing was adjourned to a date to be thereafter fixed. (Grade Crossing Case No. 549.)

2:15 P. M.

The hearing in the application of the New York, New Haven and Hartford Railroad Company, under section 60 of the Railroad Law, was resumed. After hearing evidence and arguments, the evidence was closed but the matter was held open. At the hearing on October 18 crossings numbered from 1 to 13% were considered; at this hearing some of the crossings numbered from 1 to 13% were considered, and all of the crossings numbered from 14 to 20 were considered. (Grade Crossing Case No. 559.)

Adjourned hearing in the petition of the New York Central and Hudson River Railroad Company, under section 62 of the Railroad Law, as to the closing and discontinuance of the Main street grade crossing of the New York and Harlem railroad, its lessor, in the village of Tuckahoe, the construction of an overhead crossing of said railroad about 250 feet south of the present grade crossing at Main street, the construction of new pieces of streets leading to said proposed overhead crossing and the construction of an overhead footbridge at the present location of the Main street crossing. C. C.

MINUTES OF THE BOARD.

Paulding for the petitioner; H. D. Lent for the village and for the Dusenberry
Estate, property owners, in opposition to the plan proposed; William Rubly,
president of the village, also appeared in opposition to plan proposed. After
hearing evidence and arguments, the evidence was closed, but the matter was
held open.
(Grade Crossing Case No. 553.)

The Board adjourned.

NEW YORK, NOVEMBER 16, 1905.

The Board met pursuant to adjournment. Present, Commissioners Dunn, Baker and Dickey.

Hearings.

Application of the Long Island Railroad Company, under section 34 of the Railroad Law, as to the discontinuance of the Bedford station (located at Franklin avenue and Atlantic avenue, borough of Brooklyn), on its railroad on Atlantic avenue, a new station having been established on said railroad J. F. Keany for the applicant. between New York and Nostrand avenues. No one else appeared. After hearing evidence and arguments the hearing was closed. (Case No. 3449.)

Adjourned hearing in the matter of the petition of the mayor and common council of the city of Yonkers and the New York Central and Hudson River Railroad Company, joined, under section 62 of the Railroad Law, as to the closing and discontinuance of the Pier street, Fernbrook street, Dock street, Wells avenue and Ashburton avenue grade crossings of said company's railroad, the changing of the present overgrade crossing of said company's railroad by Main street to an undercrossing, the raising of the present Vark street and Babcock place overcrossings of said railroad, it being proposed that the travel from the Pier street and Fernbrook street crossings shall be diverted by the construction of a new piece of highway on the westerly side of said railroad and by the existing Bridge street on the easterly side of said railroad to an overhead crossing of said railroad proposed to be constructed at a point about 105 feet south of the present Fernbrook street grade crossing of said railroad, it being also proposed that an undercrossing of said railroad shall be constructed at the present Wells avenue grade crossing of said railroad, it being also proposed that an undercrossing of said railroad shall be constructed at the present Ashburton avenue grade grossing of said railroad. A. H. Harris for the company; Ludlow & Townsend for James B. Ludlow, as one of the executors and trustees of the last will and testament of Thomas W. Ludlow, Jr., deceased, and especially for the purpose of objecting to the jurisdiction for Jacob F. Miller, the other surviving executor and trustee of the same will and testament, also for executors and trustees of the last will and testament of Henry M. Schieffelin, deceased, also for the Pure Oil Company at the request of Mr. Murphy; Augustus N. Hand for Annie L. Winters, and for John J. Townsend attorney for James B. Ludlow, individually; Sherman & Sterling for the Westchester Electric Lighting Company; Fisher & Fisher for W. E. D. Stokes; Lavinia Lally for himself, Catherine M. Lally and Emelie Lally. After hearing evidence and arguments the hearing was adjourned until Wednesday, November 22, 1905, 10:30 a. m., at the New York office of this Board, room 406, Whitehall Building, 17 Battery place, New York city, with the understanding that on that day the evidence will be closed. (Grade Crossing Case No. 533.)

Orders.

Application of the Long Island Railroad Company, under section 34 of the Railroad Law, as to the discontinuance of the Bedford station (located at Franklin avenue and Atlantic avenue, borough of Brooklyn,) on its railroad on Atlantic avenue, a new station having been established on said railroad Granted. (Case No. 3449.) between New York and Nostrand avenues.

The Board adjourned.

HUNTINGTON STATION, L. I., NOVEMBER 20, 1905-11 a. M.

Hearings before Commissioners Baker and Dickey (by delegation of the Board).

Hearings.

Petition (second petition) of the Long Island Railroad Company, under section 62 of the Railroad Law, as to changing the grade crossing of said company's railroad by a highway known as New York avenue in the town of Huntington, Suffolk county, situated at a point about 100 feet easterly from the Huntington station on said company's railroad, to an undercrossing of said railroad substantially in the present line of the highway, an entrance to said undercrossing also being proposed to be made from First street and Fairground avenue; and petition (second petition) of the Long Island Railroad Company, under section 62 of the Railroad Law, as to the closing and discontinuance of the grade crossing of said company's railroad by a highway known as Long Swamp road in the town of Huntington, Suffolk county, situated at a point about 800 feet easterly from the Huntington station on said company's railroad, the travel to be diverted therefrom by the construction of a new piece of highway from the Long Swamp road to a connection with First street, which First street it is proposed shall connect with an undercrossing of said railroad by New York avenue proposed to be constructed— the hearings on these two petitions were held at one hearing. J. F. Keany for the petitioner; Rowland Miles for John F. Mullen, a property owner; Willard M. Baylis for Messrs. Soler, Pettit, Rosenbaum and David Valentine, individual property owners, in opposition to plan proposed by the railroad company, Mr. Baylis presenting a plan of his own which provides that the two crossings in question shall cross the railroad overhead at the present grade of the highways the railroad to be depressed; Allison E. Lowndes, highway commissioner, in opposition to plan proposed by the company but in favor of that proposed by Mr. Baylis; R. F. Woodward, for property owners, in opposition to any change of the crossings but in favor of the erection of crossing gates at the crossings. After hearing evidence and arguments the company withdrew said two petitions and said that it would submit to the Board a new petition or petitions providing for the depression of the railroad and the carrying of the Long Swamp road and New York avenue across the railroad above grade at the present grade of the highways. (Grade Crossing Cases Nos. 569 and 570.)

Grade Crossing Cases Nos. 379 and 380, which are petitions of the Long Island Railroad Company in relation to these same two crossings, are closed. See minutes of September 15, 1905.

The Board took a recess until 12:30 p. m.

CENTRAL PARK STATION, L. I., NOVEMBER 20, 1905.

The Board again met. Present, Commissioners Baker and Dickey (by delegation of the Board).

Hearings.

Petition (second hearing) of the Long Island Railroad Company, under section 62 of the Railroad Law, as to the closing and discontinuance of the grade crossing of said company's railroad by a highway known as Plainview road or Jerusalem avenue in the town of Oyster Bay, Nassau county, situated at a point about 600 feet easterly from the Central Park station on said railroad, the travel thereon to be diverted therefrom by existing highways on each side of said railroad to an existing grade crossing of said company's railroad by a highway known as Park avenue situated next east of the Plainview road or Jerusalem avenue grade crossing. (See minutes of September 15, 1905.) J. F. Keany for the petitioner; George B. Stoddard for the town of Oyster Bay and for the highway commissioner of the town, in opposition; James J. Powers for the Citizens' Association of Central Park, in

opposition; James V. Feather for the Farmingdale Board of Trade; John H. Hand for the Hicksville Village Improvement Association. After hearing evidence and arguments the hearing was adjourned to a date to be thereafter fixed. The company is to prepare a plan and estimate changing the Plainview road or Jerusalem avenue grade crossing of the railroad to an undercrossing and send a copy of the plan and estimate to this Board, after which the adjourned hearing will be fixed for the New York office of this Board. (Grade Crossing Case No. 261.)

The Board took a recess until 2 p. m.

RONKONKOMA STATION, L. I., NOVEMBER 20, 1905.

The Board again met. Present, Commissioners Baker and Dickey (by delegation of the Board).

Hearings.

The Board took a recess until 3 p. m.

AFTER RECESS-3 P. M. (4:40 P. M.)

MEDFORD STATION, L. I., NOVEMBER 20, 1905.

The Board again met. Present, Commissioners Baker and Dickey (by delegation of the Board).

Hearings.

Petition (second petition) of the Long Island Railroad Company, under section 62 of the Railroad Law, as to the closing and discontinuance of a grade crossing of said company's railroad by a highway known as John Hulse road in the town of Brookhaven, Suffolk county, situated at a point about 9,900 feet easterly from Holtsville (Waverly) and 2,550 feet westerly from

the Medford station on said company's railroad, the travel thereon to be diverted therefrom through existing highways to a proposed undercrossing of said railroad proposed to be constructed in a proposed extension of Medford avenue or Port Jefferson road in which said Medford avenue or Port Jefferson road there now exists a bicycle path, which proposed undercrossing if constructed would be about 9,000 feet easterly from Holtsville (Waverly) and about 3,450 feet westerly from the Medford station on said company's railroad and about 25 feet westerly from the said bicycle path. J. F. Keany for the petitioner; James M. Ashton and E. L. Robinson, highway commissioners, for the town, not in opposition if the undercrossing is 30 feet wide and with a clear headroom of 13 feet. After hearing evidence and arguments the hearing was adjourned to a date to be thereafter fixed. (Grade Crossing Case No. 568.) See minutes of september 14, 1905.

Grade Crossing Case No. 257 was closed. Grade Crossing Case No. 567 was closed, inasmuch as the petition was not in proper form, it referring to a crossing which is not a highway crossing and also inasmuch as this matter is taken care of in the petition in Grade Crossing Case No. 568. The Board adjourned.

OAKDALE, L. I., NOVEMBER 21, 1905-11:30 a. M.

(12:15 P. M.)

Hearings before Commissioners Baker and Dickey (by delegation of the Board).

Hearings.

Petition of the Long Island Railroad Company, under section 62 of the Railroad Law, as to the closing and discontinuance of a grade crossing of said company's railroad by a highway known as Old Pond road in the town of Islip, Suffolk county, situated at a point about 8,600 feet easterly from the Great River station on said company's railroad, the travel thereon to be diverted therefrom by the construction of a new piece of highway on the north sides of the railroad between Old Pond road and South Country road to an overhead crossing of said railroad proposed to be constructed at the location of the present South Country road grade crossing, next west of said Old Pond road grade crossing; and petition of the Long Island Railroad Company, under section 62 of the Railroad Law, as to the closing and discontinuance of a grade crossing of said company's railroad by a highway known as South Country road in the town of Islip, Suffolk county, situated at a point about 7,470 feet easterly from the Great River station on said company's railroad, the travel thereon to be diverted therefrom to an overhead crossing of said railroad to be constructed about at the point of the present grade crossing: the hearings on these two petitions were held as one hearing. J. F. Keany for the petitioner; Ralph C. Greene, specially for the town of Islip, in opposition to both petitions on account of alleged insufficiency of notices of hearing. After hearing evidence and arguments the petitions were withdrawn and the cases closed. It is likely that a new petition or petitions as to these crossings will be filed by the company involving a different plan. (Grade Crossing Cases Nos. 246 and 247.) See minutes of September 14, 1905. The Board took a recess until 1:30 p. m.

AFTER RECESS -1:30 P. M. (3:30 P. M.)

JAMAICA, L. I., NOVEMBER 21, 1905.

The Board again met. Present, Commissioners Baker and Dickey (by delegation of the Board).

Hearings.

Adjourned hearings on the petition of the Long Island Railroad Company, under section 62 of the Railroad Law, as to changing the Rockaway road highway grade crossing of its railroad in Jamaica, borough of Queens, city

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