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HomeMy WebLinkAboutCert of Pub Convenience & Neces't . IN THE MATTER OF THE APPLICATION ) · ~ ~ HAMPTON JITNEY, INC. ) for a Temporary Certificate of Public ) Convenience and Necessity for the ) operation of a motor bus line from ) the Village of Greenport, Town of ) Southold, to. the Hamlet of Manorvllle,} T owl1 of Brookhaven, County of Suffolk.) TO THE COMMISSIONER OF TRANSPORTATION OF THE STATE OF NEW YORK: The petitioner, HAMPTON JITNEY, · attorneys, TWOMSY, LATHAM & SCHMITT, as follows~ FIRSTI .The petitioner is a domestic corporation duly organized and existing under and by virtue of the Transportation Corporations haw of the State of New [NC., by its respectfully states P. ECEIVED. Town SECONDt Your petitioner has be~n issued a permanent certificate of public conwmience and necessity granted by the Department of Transportation, State of New York, in Case No. 28032'dated July 10, 1981 (Sxhibt[?A"). This certificate was qranted allowing Hampton Jitney, Inc. to operate .~ round-trip bus service from the Towns of East Hampton, South~lmpton, and Brookhaven to New York City on a sea~,~nal and year-round basis. THIRD~ Hampton Jitney hereby re~uests permission tO commence regular, year-round, dai}y, round-trip ~ranchise bus servioe from the North Fork of Long Island to Hanorville wit~ a connection to ira presently existing and certified service to New York City to provide an acceptable alternative t:~) ~rivate passenger car travel. It proposes a moderately priced, express bus service which could operate wit[~,~ut deficit, and support .its local franchise activities. FOURTH: The proposed route of ~e North Fork to Nanorville service would, on the we~tbound run, commence in Greenport, and terminate in ~anorville, Town of B~ookhaven, County of Suffolk. The eastbound route wo~ld commence in Manorville and ter~]nate in Greenport. The service~ as outlined in the prop~)sed timetable below~ would provide a feeder mini-bu~; service between the North Fork towns delivering pas~;engers to a location for transfer at Manorville to Hampton Jitney's luxury coaches which depart from Manorvill.~ <~n a regular basis express to the City of New York. The proposed timetable is as follows: · -2- Westbbund' Sunday Only Leaving: A.M. A.M. A.M. P.M. P.M. P.M. ~REENPORT ~** ~* l~q-0'~* g-[]n~, ~?0'~** ~ SOUTHOLD 6:15 8:05 10:05 i{:20 6:05 7:05 CUTCHOGUE 6:20 8:10 10:10 3:25 6:10' 7:10 NATTITUCK 6:25 8:15 10:15 ]:30 6:15 7:15 RIVERHEAD {;:40 8:30 10~30 3:45 6:30 7:30 Arriving: ~%NORVILLE 6:55** 8:45** 10:45' .l:~]0* 6:45** 7:45 *All year-round service for these times only. **The 6:10 a.m. westbound and the 6:~)0 p.m. westbound will operate daily July/August and M,)ndays only September-December. Eastbound Leaving: A.M. P.M. I'.M. P.M. MANORVILLE 1'~** '~5' ~:--~* ~'~** Arriving: RZVER~{EAD 11:45 1:15 i{:45 8:45 MATTITUCK 12:00 p.m. 1:30 ~:00 9:00 CUTCHOGUE 12:05 p.m. 1:35 I:05 9:05 SOUTHOLD 12:10 p.m. 1:40 4:10 9:10 GREENPORT 12:15 p.m. 1:45 q:15 9:15 *All year-round. **Daily, July-August; Mondays only, September-December. The above listed trips would commct with the existing certificated service between New York and Manorville, Manorville and New York, on the following schedule~ Westbound Leaving: A.M. A.M. A.M. P.M. P.M. P.M. Arriving: P.M. QUEENS AlP, PORT CONNECTION 8:45 10:10 12:10 5:10 8:00 9:10 MANHATTAN 9:00 10:30 12:]0 5:30 8:15 9:30 Eastbound Leaving:.. MANHATTAN QUEENS AIRPORT CONNECTION Arriving: ~ ~4ANORVILLE A .M. A.M. P.M, P.M. 10:20 11:50 2:20 7:20 11:30 T :-'6~ 3:30 8:30 FIFTH: The Hampton Jitney woul,~ operate new fifteen-passenger, air-conditioned g.,tio~]al Custom Vans mini-bus for service along the North [.'ork feeding into the stop at Manorville, where pa~sen~],~rs would then board lavatory-equipped coaches for ~[~e trip into New York City under the Company's existi~ authority. SIXTH: The rou~e to be travel,~,~ by the Hampton Jitney on the North Fork as describ,:.~i in Exhibit B and indicated on the map attached as Exhibit "Ca, is as follows: The trip would commence in '~;~eenport and travel along Route 25 into Southold, then travel further in a westerly direction into Cutcho~]un, continuing on Route 25, into Matticuck, and th,.n, ,,!.~ reaching the intersection of Route 25 and Old C~,n~try Road (County Road 58) in Riverhead, would tur~ on to Old Country Road, continuing on Old Country Road ~o the Long Island Expressway, Exit 70 (Manorville), thin,ice south ~000 feet to the Gateway Diner on County Road ][~. The stops that would be made are listed below: Gre,~]port-North Ferry terminal; Southold; Cutchogue; Matti*~,ck; Riverhead; Manorville-Gateway Diner. The mini--bus operation on the North Fork is desirable as the flexibility offers the year-round traveler a fast, minimum-stop, comfortable service {~ and from an express t(~rmi~us i.n Manorville. -4- SBVENTH: Development of the mJni-bus service which would feed into the existing ManorvJ]le connection on the certificated New York/South Fork route would allow for a greater efficiency and economy of travel into New York for North Fork passe~gers. The North Fork mini-bus could make more trips at a lower vacancy rate than a f~ll-aize coach. This service, which would feed into the New York run, can be provided at. ;~ relatively low capital investment. EIGHTH: The upper east side, central Third Avenue disembarkation route and 45th and Lexi,]gton Avenue embarkation point will be very appea]iag to the vast 'majority of riders who are oriented t(~ this area of Manhattan. Lexington and 45th Stre(~t ~mbarkation points are presently used because of a goo(I ~ubway and bus service to the central east side location and.because there are a number of restaurants in the immediate v~¢inity and they are already approved as Hampton Jitney Sto~s by the Traffic Department of the City of New York. NINTH: Hampton Jitney New York express service would provide moderately priced trans;~ortation at: $~2.00 one-way with an additio~al $~0.00 for return trip. The $12.00 one-way fare would }>rovide express service for the less budget-conscious tourist or two-home reside.n~t, wh~]e the $22.00 tota! same-day -5- round-trip fare would provide a rean,~nably priced, fast ' an~.COmfortable service to the more economy-minded day-tripper. A $20.00 round-trip fare would be available to senior citizens, colic,j<, students, and children under 12 on Tuesdays, Thur:z<{¢~ys and Saturdays. TENTH{ The service would be by t?eservation only with New York and North Fork bookin,] telephone lines. The Bampton Jitney presently has a c,~nputerized reservation system with many South Fork and four New York City phone numbers. Additional North Fork local numbers would be added. ELEVENTH: The proposed schedule? would provide a full day in New York for appointment~;, lunch, shows with an early dinner in New York, or a late supper on the North Fork after return. The 9:00 a.m. and $0:30 a.m. arrival times would also be suitable for business travelers a~d non-commuters. The fr~quency of ~epartures from the North Fork would allow great fle~ibility for morning (6:$0, 8:00 nnd 10:00) and afternoon and evening (3:~5, 6:00 and 7:00) travelers. TWELFTH: The proposed service would provide an acceptable alternative to the privat? car, not available at present in keeping with the nnti<',nnl energy policy. THIRTEENTH: The company has a~,'.quate equipment to operate the service with eight vehicles of the mini-bus -6- size and five vehicles which are lava~:ory-equipped coaChes with a carrying capacity of ~9 to 46 passengers each with more equipment on order sch(~duled for 1982 delivery. FOURTEENTH: The approximately two-hour drive from the North Fork to New York is arduo.,~; and undesirable to many travelers, especially d~y-trip[)crs, and used often because of a lack of an acceptable a].ternative public transportation mode. FIFTEENth: There is considerable travel between New York and the North Fork on a daily basis year-round as many people have residences in ~)th locales and many more are ex-New ¥orkers that still ¥i~it regularly for medical attention, work, shoppinq and visiting. SIXTEENTH: The area has sever,~ traffic congestion problems and public transportation a]ter~ative8 need to be developed (beside national eaerg,~ considerations). SEVENTEENTH~ The need and feasibility of such e service has been demonstrated by the overwhelming success of a similar service operat,,d by the petitioner on the South Fork. EIGHTEENTH: The area is depen(Nmt on a tourist i~flux but has weak public transportation to offer the tourist at present. -7- NINETEENTH= Public trsnsportat, f,n~ ~rom the North Foist of I~ong Island to New York Cit'~ (approximately 80 miles) is at present limited to the 1,~,ng Island Railroad service which is inferior insofar as: regular scheduled traveling time between Green~rt and Penn Station thr~ hours a.d one minute (frequen~' ,~elays occur)~ changing trains or changing to a Babylon or J~aica~ old egui~ent, o~'ten in poor repair a~d ~leanliness~ ts often used on the run from Babylon east~ schedule frequency and timing ~; poo~ and not suite~ to all travelers. T~NTIETH: The territory traw,],~,d by the pro~sed line is now served by the following ~nilroad: The Long ~sland Railroad Division, Netropo[it~,u Transportation Authority, ]~00 Broadway. New York, F~.Y. TWENTY-FIleT= A temporary certificate of co.venience a.d necessity is being ~[,]~lied for in order to ~ence operations of this fran(~ise at the earliest ~ssible date. ~TY-SECOND= Since this is ;~n application for a tem~rary certificate, no prior con~;ent 9etition~r wfll. i~ this temporary ce~'tificate gra.ted, pursuant to the provisio~s paragraph 5 of Section ~49 of the T]'~n~;portation Law. -8- file a proper the County of Suffolk. TWENTY-THIRD: Based on reliable service to the South it has learned about seasonal the South Fork of Long Island, petition with the appropriate officer of its prior' record of Fork, and the many things and fuji-year operation to it i:~ wel! equipped and well experienced to provide quality t~'nnsportation service for the people of New York C~t.F and the North Fork on a aeaonal and year-round ba~;]~;. It has the reservation capacity and rolling stock capacity to provide low-cost, comfortable transportation for large n~mbers of people to and from New Yo~k City to the North Fork with frequent departures and w~t.h the flexibility to add additional sections on a single departure time when reservations indicate that ~n~ch would be required to accommodate all those intending ~o use such departure, The Hampton Jitney has trained, experienced personnel to provide high-quality s(~rv]ce and is able to provide, through its prior certification, a connection with the Queens airports for North ~nd South Fork travelers. TWENTY-FOURTH= Neither Applican.~, nor any of its officers or directors have been convicted of any -9- violation of any provision of the Interstate Commerce Act,' or been sued for a penalty or iniunction under the provisions of the Public Service Law nr the Trans~ortat ion Law. WHEREFORE, your petitioner pra.{:~ for the issuance of the ~mmissioner of Transportat/~n of a temporary uertificate of public ~nvenienc~, an~ n"cessity for the maintenance and operation of a motor- busline upon and over the streets, avenues an~ highways as set forth in paragraph "SZXT~" of this petition nnd for such other an~ further relief as may be just and eguftable. Dated: November 10, 1981 ~OUr~; TWOMEY, ],AT[{AM & SCHMITT Attorneys for Petitioner 33 West 2nd Street P.O. Box 398 Riverhead, N.Y. 11901 -10- STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION APPROVED NOVEMBER 24, 1981 CASE 29651 - Petition of Sunrise Coach Lines, Inc. for a temporary certificate of public convenience and necessity to operate a bus line between the Village of Greenport (Town of Southold) and the City of New York. CASE 29653 - Petition of Hampton Jitney, Inc. for a temporary certificate of public convenience and necessity to operate a bus line from the Village of Greenport (Town of Southold) to the hamlet of Manorville (Town of Brookhaven), all in Suffolk County. APPEARANCES: Samuel B. Zinder, P.C., The Atrium, 98 Cutter Mill Road, Great Neck, New York 11021, attorney for Sunrise Coach Lines, Inc., petitioner. Twomey, Latham & Schmitt, P.O. Box 398, 33 West Second Street, Riverhead, N. Y. 11901, attorneys for Hampton Jitney, Inc., petitioner. M. LIEBERMAN, Chief Administrative Law Judge: By filing of November 18, 1981, Sunrise Coach Lines, Inc. (Sunrise), with offices in Greenport, Town of Southold, seeks a temporary certificate to operate a bus line between the Village of Greenport and midtown Manhattan. By filing of November 16, 1981, Hampton Jitney, Inc. (Hampton Jitney), Butter Lane, P..O. Box 1167, Bridgehampton, N. Y. 11932, seeks authority to operate a bus line between the Village of Greenport and the Hamlet of Manorville (Interchange 70 on the Long Island Expressway). ~ampton presently operates a bus line between the south shore points in the Hampton area and Manhattan and enters the Long Island Expressway at Interchange 70. Accordingly, the Greenport-Manorville fork would elepnone re~arding the attached rdgr~iplease direct your calI to · us) 57-566 , Case 29651 & 29653 be extended by the operation along the Long Island Expressway into Manhattan. Accordingly, the applications herein propose essentially duplicate service. These applications appear in the Weekly Bulletin of November 24, 1981 and so there has been no time for submission of possible protests. However, because of the interest and support in having such type operation instituted, the applications are subject to immediate consideration and disposition. Hearings on these applications may hereafter be held on either or both applications, if necessary. The Sunrise application notes that it was made aware of a need for transportation between Greenport and New York City in the spring of 1981. It alleges "for all practical purposes," there is no rail service in the area. It proposes to' operate air- conditioned modern van type equipment on its route. The route would generally follow along NYS 25 serving intermediate communities between Greenport and Riverhead, at which point the bus would operate in an express manner directly to midtown Manhattan. Accordingly, no intermediate point service will be available to communities west of Riverhead in Suffolk County or for any communities .in Nassau County. Sunrise proposes a schedule of two round trips, seven days a week. Monday through Saturday service will be offered departing from Greenport at 7:30 a.m. and 2:30 p.m. Return schedule calls for New York departures at 11 a.m. and 6:30 p.m. Estimated times for the entire trip is scheduled at two and one-half hours. Sunday schedule provides for a 2530 p.m. and 7530 p.m. departure from Greenport and a 6530 p.m. and 9:45 p.m. departure from New York. Fares proposed include adult one-way fare of $12 with a $22 round trip. A $10 fare is offered to senior citizens, college students and children under the age of twelve. The Sunrise applica- tion was accompanied by several letters in support thereof. Letters of support were submitted from the Supervisor of the Town of Riverhead, the Mayor of the Village of Greenport, the Town Clerk of the Town of Southold, the Secretary for the League of Women Voters of Riverhead/Southold, as well as several individual commuters. These letters indicated generally that the only other means of transportation is provided by the Long Island Rail Road but that its schedule does not permit for one day round trip business. Hampton Jitney's proposal essentially duplicates the service offered by Sunrise. Hampton is able to offer this service in conjunction with its existing permanent bus line authority between points on the south fork (Hamptons) to New York City. Case 29651 & 29653 It is contemplated that, if necessary, it could physically dovetail the two operations for a more efficient operation. It would enter the Long Island Expressway in the Hamlet of Manorville, a point immediately west of Riverhead. Its schedule proposes five round trips daily with one Sunday scheduled bus. Buses would depart from Greenport at 6:10 a.m., 8 a.m., 10 a.m., 3:15 p.m. and 6 p.m., with returns at 10 a.m., 11:30 a.m., 2 p.m. and 7 p.m. (The 6:10 a.m. and 6 p.m. buses from Greenport would be offered only during the summer or peak season periods.) Existing bus line operation provided by Hampton allows for a Queens airport connection and such will be available for north fork resident passengers. Hampton notes it presently has authority to operate within the City of New York and offers fares which are similar to those proposed by Sunrise. Hampton indicates it has eight mini size vehicles available as well as full size lavoratory equipped coaches, that it is already authorized to operate within the City of New York, and that it has demonstrated feasibility and need by its operation of a similar service on the south fork. Discussion and Recommendation Two fit carriers have applied almost simultaneously for authority to operate essentially the same service. There is merit in both applications. Hampton Jitney has demonstrated its success and ability to provide such service in promoting and developing a successful commuter operation between the Hampton Bay area and midtown Manhattan. It holds consent from the City of New York to stop in midtown Manhattan. Its proposed schedule would appear to enable it to dovetail the existing south fork operation with the north fork operation. It additionally would offer a connection to John F. Kennedy Airport located in Queens. On the other hand, Sunrise, domiciled in Greenport, with permanent route authority on the north fork, has received and responded to a need in this area to New York City. It has the support and endorsement from the major communities from which it proposes to operate. It is additionally supported by several com~uters residing in the north fork area. However, despite such indications of support, proof of demand for service can only be determined from experienced patronage. Due to the length of the operation and the' time involved, it is hard to believe that there are many daily com~uters who would be interested in this service. It is reasonably certain to expect that occasional use would be made of such service if it were available. Because of these elements, grant of authority to two bus companies could fragment the demand to the financial detriment to both. Both proposals are worthy of serious consideration by this Department. However, since Sunrise is the operator presently providing local service in the Greenport area and since it has the support from the involved -3- Case 29651 & 29653 municipalities, it would appear to be fitting to authorize this company to provide this service and to authorize such service on a temporary basis in an exclusive manner so as to insure it a maximum potential for financial success. It is accordingly reco~unended that the Sunrise application for temporary authority be approved and that concurrently the Hampton Jitney application be denied. November 24, 1981 M.L:pm -4- NEW YORK STATE William C. H~mne~y, Commimiener 1220 Washington Avenue, State Campus, Albany, New York 12232 5ERVE. DEC 4 195! At the Office of the Department of Transportation in the City of Albany on November 24~ 1981 PRESENT: EDWARD J. CANTY, Director, Regulation Division CASE 29651 - Petition of Sunrise Coach Lines, Inc. for a temporary certificate of public convenience and necessity to operate a bus line between the Village of Greenport (Town of Southold) and the City of New York. Sunrise Coach Lines, Inc., by application filed November 18, 1981, having, sought temporary authority to operate a bus line between the Village of Greenport and New York City, and the Commissioner of Transportationhaving determined that in furtherance of an experimental or demonstration project, such operation would serve the public convenience and necessity, and that accordingly such authority should be granted, subject to the conditions hereinafter set forth over the routes, avenues and streets as set forth in the appendix attached hereto and made a part hereof, it is C E R T I F I E D that, upon the conditions hereinafter set forth and not otherwise, public convenience and necessity requires the operation of a bus line for the period hereinafter specified over the routes and through the communities as set forth in the appendix attached hereto and made a part hereof, and it is ORDERED: 1. That permission and approval be and it hereby is granted, subject to the conditions hereinafter set forth and not otherwise, to the operation by Sunrise Coach Lines, Inc. of a bus line to and including October 1, 1982, unless otherwise ordered by the Commissioner, between Greenport (Suffolk County) and New York City, as described in the appendix attached hereto and made a part hereof. la. That within twenty days from the date of service of this order, Sunrise Coach Lines, Inc. shall file with this Department a duly verified certificate showing that a proper petition has been filed with the County of Suffolk and the City of New York for con- sent from said municipalities to the operation herein temporarily authorized which certificate shall set forth the date when each of said applications was filed. Case 29651 2. That Sunrise Coach Lines, Inc. is hereby permitted to operate through buses over two or more streets, avenues and public places set forth in the appendix attached hereto and made a part hereof, and to operate thereover in connection and in conjunction, with all existing operations pursuant to certificate from this Department, and to transport through passengers thereover. 3. That the authority herein granted shall create no presumption that corresponding permanent authority will be granted thereafter or that public convenience and re cessity requires a permanent certificate of such operation. 4. That the operation of buses pursuant to the authority herein granted shall be subject to all the applicable provisions of the Transportation Law and the rules, regulations and requirements of the Commissioner of Transportation. 5. That the requirement of 17 NYCRR 551.5 with respect to service of notice upon competing carriers of the filing of this petition be and it hereby is waived. 6. That the grant of this temporary certificate of public convenienc~ and necessity for the operation of a bus line as herein set forth does not per se include authority to transport passengers pursuant to the prov~'-'"slo"'-ns of Section 203(3) of the Transportation Law. 7. That no operations shall be performed pursuant to the authority granted herein until the vehicle or vehicles to be used in such operation has or have been presented for inspection to a member of this Department's Traffic and Safety Division (Carrier Inspection Unit) and an appropriate certificate or certificates of inspection issued. 8. That no operations shall be commenced until an acceptable tariff covering the operations herein is on file with this Department. 9. That failure to comply with the provisions of the order may subject the authority herein to abrogation without further notice° 10. That this order shall become effective immediately. By the Director, Regulation Division Transportation Executive Officer ML:pm -2- Case 29651 APPENDIX SUNRISE COACH LINES, INC. Third Street Route 25 Moores Lane Middle Road Middle Road Middle Road Love Lane Route 25 Route 58 L.I.E. Third Ave. ROUTE DESCRIPTION BETWEEN Bus Stop Third Street Route 25 Route 48 Hortons Lane Alvahs Lane Middle Road Love Lane Route 25 Midtown Tunnel AND Ferry Slip (Greenport) Moores Lane Route 48 (Middle Road) Hortons Lane (Southold) Alvahs Lane (Cutchogue) Love Lane (Mattituck) Route 25 Route 58 and Ostra~er ~ve. L.I.E. ~lvernea 37th Street & Third Ave. 78th Street Lexington Ave. 42nd Street Second Avenue 45th Street Lexington Ave. 42nd Street 42nd Street Second Avenue Midtown Tunnel RESTRICTION: Restricted to the pickup and discharge of passengers on and east of the intersection of Route 58 and the Long Island Expressway. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUrHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 November 27, 1981 Honorable William C. Hennessy Commissioner, New York State Department of Transportation State Campus, 1220 Washington Avenue Albany, New York 12232 Dear Commissioner Hennessy: The Southold Town Board at a regular meeting held on November 24, 1981 reaffirmed their resolution of November 10, 1981 relative to the termination of Sunrise Coach Lines, Inc. scheduled bus transportation between the Town of Southold and New York City (copy attached), and further RESOLVED to urge you, Commissioner Hennessy, to grant a Permanent Certificate to Sunrise Coach Lines, Inc. in connection with the aforesaid bus transportation to New York City. Very truly yours, Judith T. Terry Southold Town Clerk Senator Kenneth LaValle Assemblyman John L. Behan Chief Administrative.Law Judge M. Lieberman Ms. Theresa Trifari Sunrise Coach Lines, Inc. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTItOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON NOVEMBER 24, 1981: RESOLVED that the Town Board of the Town of Southold reaffirm their Resolution of November 10, 1981 relative to the termination of Sunrise Coach Lines, Inc. scheduled bus transportation between the Town of Southold and New York City, which read as follows: WHEREAS, the Town Board of the Town of Southold is aware of the need for scheduled bus transportation from the Town of Southold to New York City on a daily basis, and WHEREAS, Sunrise Coach Lines, Inc. has instituted such scheduled bus transportation, which has been found to be extremely necessary for those residents of Southold Town who commute daily to employment in New York City, now, therefore, be it RESOLVED that the Town Board of the Town of Southold does hereby go on record as fully and wholeheartedly supporting Sunrise Coach Lines, Inc. in maintaining daily scheduled bus transportation from the Town of Southold to New York City. AND BE IT FURTHER RESOLVED that the Town Board of the Town of Southold, in view of the existing competition for a Permanent Certificate for this bus route, urge New York State Department of Transportation Commissioner William C. Hennessy to award a Permanent Certificate to Sunrise Coach Lines, Inc. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON NOVEMBER 10, 1981: WHEREAS, the Town Board of the Town of Southold is aware of the need for scheduled bus transportation from the Town of Southold to New York City on a daily basis, and WHEREAS, Sunrise Coach Lines, Inc. has instituted such scheduled bus transpor:tation, which has been found to be extremely necessary for those residents of Southold Town who commute daily to employment in New York City, now, therefore, be it RESOLVED that the Town Board of the Town of Southold does hereby go on record as fully and wholeheartedly supporting Sunrise Coach Lines, Inc. in maintaining daily scheduled bus transportation from the Town of Southold to New York City. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 November 12, 1981 Honorable William C. Hennessy Commissioner, New York State Department of Transportation State Campus, 1220 Washington Avenue Albany, New York 12232 Dear Commissioner Hennessy: The concern of the Southold Town Board relative to the termination of Sunrise Coach Lines, Inc. scheduled bus trans- portation between the Town of Southold and New York City is expressed in the following resolution which was adopted by the Southold Town Board at a regular meeting held on November 10, 1981: WHEREAS, the Town Board of the Town of Southold is aware of the need for scheduled bus transportation from the Town of Southold to New York City on a daily basis, and WHEREAS~'Sunrise Coach Lines, Inc. has instituted such scheduled bus transportation, which has been found to be extremely necessary for those residents of Southold Town who commute daily to employment in New York City, now, therefore, be it RESOLVED that the Town Board of the Town of Southold does hereby go on record as fully and wholeheartedly supporting Sunrise Coach Lines, Inc. in maintaining daily scheduled bus transportation from the Town of Southold to New York City. Very truly yours, Judith T. Terry Southold Town Clerk JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 November 20, 1981 Honorable Kenneth LaValle New York State Senator Senate Chambers The Capitol Albany, New York 12224 Dear Senator LaValle: Enclosed herewith is a resolution adopted by the Southold Town Board on November 10, 1981 which was directed to N.Y.S. Department of Transportation Commissioner Hennessy concerning the Town Board's support of Sunrise Coach Lines, Inc. in maintaining daily scheduled bus transportation from the Town of Southold to New York City. Your help in this matter will be greatly appreciated. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 November 20, 1981 Honorable John L. Behan New York State Assemblyman Room 523 Legislative Office Building Albany, New York 12224 Dear Assemblyman Behan: Enclosed herewith is a resolution adopted by the Southold Town Board on November 10, 1981, which was directed to N.Y.S. Department of Transportation Commissioner Hennessy, concerning the Town Board's support of Sunrise Coach Lines, Inc. in maintaining daily scheduled bus transportation from the Town of Southold to New York City. Your help in this matter will be greatly appreciated. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure JUDITH T. TERRY Term CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 November 20, 1981 Chief Administrative Law Judge M. Lieberman Room G21, Building 4, State Campus Albany, New York 12232 Dear Judge Lieberman: Enclosed herewith, for your information~ is a resolution adopted by the Southold Town Board on November 10, 1981, which was directed to N.Y.S. Depart- ment of Transportation Commissioner Hennessy, concerning the Town Board's support of Sunrise Coach Lines, Inc. in maintaining daily scheduled bus transportation from the Town of Southold to New York City. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 November 20, 1981 Ms. Theresa Trifari Executive Chamber State Office Building Hauppauge, New York 11788 Dear Ms. Trifari: Enclosed herewith, for your information, is a resolution adopted by the Southold Town Board on November 10, 1981, which was directed to N.Y.S. Depart- ment of Transportation Commissioner Hennessy, concerning the Town Board"s support of Sunrise Coach Lines, Inc. in maintaining daily scheduled bus transportation from the Town of Southold to New York City. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF TIlE TOWN CLERK TOWN OF SOUTHOLD Town Hall, $3095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 December 10, 1981 Robert D. Pike, Esq. Twomey, Latham & Schmitt P. O. Box 398 Riverhead, New York llg01 Dear Mr. Pike: Your letter of November 23, 1981 concerning the application of Hampton Jitney, Inc. to establish a new Peconic Jitney serving the Town of Southold was read at the December 8, 1981 meeting of the Southold Town Board. The Town Board on November 10, 1981 adopted a resolution supporting Sunrise Coach Lines, Inc. in maintaining daily scheduled bus transportation from the Town of Southold to New York City, and transmitted a copy of this resolution to New York State Department of Transportation Commissioner Hennessy. On November 24, 1981 the Southold Town Board adopted a resolution reaffirming their resolution of November 10th and urging Commissioner Hennessy to grant a Permanent Certificate to Sunrise Coach Lines, Inc. in connection with the aforesaid bus transportation to New York City. Copy of both resolutions enclosed. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures TWOME:Y~ LATHAM & November 23, 1981 Mr. William R. Pell, Supervisor Town Board Town of Southold Main Road Southold, New York III Dear Mr. Pell: I am writing to ask you to help ensure that the Town of Southold can get the best possible mass transportation system available. Over the next few weeks or months, two privately owned businesses, the Hampton Jitney, 'Inc., our client, and the Sunrise Coach Lines will be seeking to establish regular bus runs from Southold to the City of New York. At the outset, I must make clear that we are not seeking your endorsement as the sole operator in the area. Nothing which we are seeking will affect any of the competition's existing business enterprise. We do not seek your endorsement as the sole New York run operator. What we do seek is a resolution of support for the idea of increased mass transit betweeen Southold and the City of New York and your consent to the application of the Hampton Jitney, Inc. to establish a new Peconi¢ Jitney serving the Town of Southold. This will allow both companies to compete for the honor of serving the people of your town. Enclosed I have forwarded to you a proposed resolution which would accomplish this result, and which supplements the prior resolution which you passed pertaining to the Sunrise Coach operation. The Peconic Jitney service will be modeled after the highly successful service in Brookhaven, Southampton, and East Hampton. As the main carrier to File Mr. William R. Pell, November 23, 1981 Page Two III the East End over the last six years, the Hampton Jitney has the experience and spotless track record which will enable it to provide frequent and reliable service at economical prices. The Peconic Jitney operation will be using modern and economical mini-buses to carry commuters, tourists and businessmen to and from the North Fork. Extensive use will be made of the Jitney's modern rolling stock, including large, lavatory-equipped coaches. Many of these coaches provide hostesses and refreshments during the trip. Again, all we ask in seeking your support for the enclosed resolution, is that you give us a chance to compete, a chance to present our case to the State and people of New York on an even basis, and a chance to provide frequent, reliable and the high-quality service that we have provided to others to the People of the Town of Southold. If you believe the citizens of your town deserve the best possible mass transportation system, I hope you will support and pass the enclosed resolution at the next meeting of the Southold Town Board. Sincerely, Robert D. Pike RDP/lam RESOLUTION NO. -1981 OF THE TOWN BOARD OF SOUTHOLD WHEREAS, the Town of $outhold realizes importance of efficient mass transportation Town and the City of New York; and the between the WHEREAS, the Town Board of Southold believes it is in the best interests of the people of Southold to enable all parties interested in providing to present their petition with the consent municipality involved; and WHEREAS, the Hampton Jitney, Inc., an east end corporation which currently makes numerous runs to the City of New York from the east end of Long Island, proposes that a new "Peconic Jitney" be established to provide daily bus service between the Town and the City of New York; and WHEREAS, the Hampton Jitney has filed a Petition with the Commissioner of Transportation of the State of New York seeking a temporary certificate of public convenience and necessity to operate such a service; NOW THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Southold shall, and does hereby, give consent to the proposal of the Hampton Jitney, Inc. to establish the "Peconic Jitney" service between the Town of Southold and the City of New York. such services of the RECEIVED g o 1981 '~o~ C~e~ $outliold' KENNETH P. LAVALLE THE SENATE STATE OF NEW YORK December 17, 1981 Mrs. Judith T. Terry Southold Town Clerk, Town of Southold Town Hall, 53095 Main Road PO Box 728 Sout~old, New Yo~ 11971 Dear Mr~ This wi~acknowle~e receipt of a copy of a reaolution adopted By the SoutAold To~ Board on November 10, 1981, which was directed to Commissioner Hennessy, New York State Department of Transportation concerning the Town Board's support of Sunrise Coach Lines, Inc. Please §e advised that I have written to Commissioner Mennessy indicating my full mupport of your resolution. If I can be of further assistance to you in this matter, please feel free to contact my office. Valle KPL:jc T~F NEW YORK STATE DEPARTMIEN TRANSPORTATION 1220 Washington Avenue, State Campua, Albany, New York 12226 At the Office of the Department of Transportation in the City of Albany on October 31, 1972 PRESENT: Martin D. Zell, Assistant Co~missioner for Transportation Regulatory Affairs CASE 27444 - Petit:ion of Leonard Nezin for a certificate of public convenience and necessity for the temporary operation of a bus line between the Long Island Railroad Station located in the Village of Greenport, Suffolk County, and the Ferry dock located at Orient Point, Suffolk County. Leonard Nezin, by petition filed August 4, 1972 having sought a certificate.of public convenience and necessity for the tem- porary operatzon of a bus hne in the Village of ~reenpo~t and the Town of Southhold, Suffolk County, and a publzc hearzng after due notice having been held, and the Conuaissioner of Transportation having determined that the temporary operation of said bus line is not required in the public interest, it is ORDERED: That the above described petition of Leonard Nezin be and it hereby is denied Without prejudice to a petition for permanent authority or to a new petition for temporary authority in the spring of 1975. 2. That this proceeding be, and it hereby is, closed. By the Assistan~ Co~missioner for Transportation Regulatory Affairs (SIGNED) HNW:ard SIDNEY D. McCONNELL Regulatory Secretary STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION APPROVED OCTOBER 31, 1972 CASE 27444 Petition of Leonard Nezin for a certificate of public convenience and necessity for the temporary operation of a bus line between the Long Island Railroad station located in the Village of Greenport, Suffolk County, and the Ferry dock located at Orient Point, Suffolk County. APPRARANCES: Leonard Nezin, 350 Main Street, Greenport, N.Y., 11944, petitioner. Robert E. Goldstein, Attorney, 8 West 40th Street, New York, N.Y. for Sunrise Coach Lines, Inc., protestant. HAROLD N. WEBER, Examiner: By unverified petition filed August 4, 1972, Leonard Nezin, an individual, seeks authority as indicated by the caption of this proceeding. A public hearing with respect thereto was held on September 6, 1972 at which evidence in support of the petition was given by Mr. Nezi~. The petition is opposed by Sunrise Coach Lines, Inc. (Sunrxse) which, upon completion of the petitioner's direct case, moved that the petition be dismissed for failure to make a prima £acia case, but requested that, if its motion is denied, a further hearing be held to a~ford it an opportunity to present opposition evidence. The examxner reserved decision on the motion, stating that it would be submitted to the Commissioner for determination, and adjourned the hearing subject to call. Present and Proposed Services The petition herein seeks temporary authority for the operation of a bus line, mainly along N.Y. State Route 25, between the Long Island Rail Road s$ation.in the Village o£ Greenport.and the Orient Point ferry dock ~n the Town of Southold, a d~stance o£ Case 27444 approximately nine miles, all in Suffolk County. If the authority sought is granted, the petitioner proposes to provide regular ser- vice between May $0 and September 30 of.each year. He proposes to use vehicles similar to those used at Dxsneyland. Each would con, sist of a trailer drawn by a four-wheel drive tractor. Passengers would ride in the 'trailer which would have a canvas roof but no side walls. It would, however, have side curtains for use in inclement weather. Because of the recreational nature of the ser- vice, Mr. Nezin felt that this type of vehicle would be more suitable than conventional buses. No proposed schedule was submitted, but the petitioner stated that there would be frequent daily service connecting with Long Island Rail Road trains at Greenport and with the New London ferries at Orient Point. Proposed far~s vary from a minimmn o£ $.25 within the Greenport area to a maxxmum of $1.S0 between Greenport and Orient Point. For most of its length the proposed route would coincide with a route between Orient Point and East Hampton, via Greenport, Riverhead, Hampton Bays and Southampton, for which the protestant Sunrise holds permanent authority in Case 16499. However, the petitioner contends that Sunrise provides no service on the por- tion of this route between Orient Point and Greenport, for which it seeks temporary authority herein. Public Need Mr. Nezin testified that he had made observations at the Orient Point dock used by automobile-carrying ferries to and from New London, Connecticut. He said that such ferries normally arrive with passengers in addition to those in automobiles; that no public transportation is available and that such passengers are forced to take taxi cabs to their ultimate destinations. He had made similar observations and noted similar conditions at the Greenport rail- road station and at the docks at which private pleasure craft tie up. As a result of these observations and on the basis of his own general knowledge of the area and discussions which he had had with others, he is convinced that there is a need for public transpor~ tation between Greenport and Orient Point. Mr. Nezin said that he had recently learned that Sunrise had a franchise to operate between Greenport and Orient Point but that he had never seen a Sunrise bus along this route. Economic Feasibility Mr. Nezin thoughtthat the proposed route would produce a revenue of from $350 to $550 per week and he estimated the cost of operation at from $300 to $400 per week. He was unable to give any details with respect to the basis for either estimate. -2- · 274'44 Fitness of the Petitioner For the p~st 26 years Hr. Nezin has been an educator and/or teacher. He has drzven school buses and has worked as a dispatcher for a bus company during the su~uner months. He owns no equipment at the present time but he has net assets of approximately $80,000 and · the authority sought is granted, he proposes to purchase outright two vehicles of the type heretofore described. Hr. Nezin stated that he has seen vehicles of this type being operated on public highways but he could not recall having seen them in New York State except at the Worlds Fair. However, he said that he was familiar with t hi s Department's rules ~nd regu- lations for omnibuses and also with the vehicle and traffzc law and that he found nothing in them which would prohibit the use of such a vehicle. Discussion and Conclusions The only evidence in support of the petition herein is the rather general testimony of Mr. Nezin, the petitioner. This evidence indicates only that people arrive at Orient Point by boat and at Greenport by train or boat and that there is no public transpor- tation to take them to their ultimate destinations. While it may, perhaps, be assumed that some of them might use the proposed ser- vice, such evidence does not indicate that there is any substantial public need for it. The evidence as to prospective revenues and expenses is equally vague and leaves serious doubt as to whether the proposed operation is economically feasible. Furthermore, despite Mr. Nezin's assertion to the contrary, there is serious doubt as to whether the type of vehicle which he proposes to use would comply with this Department's requirements for vehicles to be used on cer- tificated routes (NYCRR Secs. 720 6 721). Even if, as alleged by the petitioner, Sunrise is not presently providing service on the portion of its certificated route between Orient Point and 6reenport, the petitioner's evidence is insuffi- cient to warrant the granting of the authority sought. Further- more, since petition is for a summer only service which would not begin until May $0, 1973, the granting of temporary authority, at this tim~, is not required in the public interest. The petitioner should fzrst apply to the Coun~ of Suffolk for its consent to the proposed operation. Recommendation It is recommended that the motion of the protestant be granted and that the petition herein be denied. Such denial should be w~thout -3- Case 27444 prejudice to a petition for permanent authority based on a valid consent of the Cou]~t¥ of Suffolk or to a new petition for tempo- rary authority in the Spring of 1975. The Staff of the Department should check the service of Sunrise and if it finds that the portion of its route between 6reenport and Orient Point has been abandoned, a proceedinI to revoke this portion of its certificate should be instituted. HNW:ARD October 16, 1972 -4- RECEIVED COUNTY OF SUFFOLK SUFFOLK COUNTY EXECUTIVE DEPAFLeFMENT OF' PLANNING TRANSPORTATION DIVISION LEE E. KOPPEI-MAN DIRECTOR OF pLANNiNG GERALD V. CRONIN, P.E. DIRECTOR OF January 6, 1982 Judith T. Terry Southold Town Clerk Main Road Southold, New York 11971 Dear Ms. Terry: Enclosed find a copy of the petition of Sunrise Coach Lines, Inc. to initiate an express bus route from Greenport to Manhattan. Also enclosed is a copy of a New York State Transportation Department order granting temporary approval of said route. Kindly have the Town Board submit any comments or recommendations to this office within 30 days. This petition and request is pursuant to Article XXXIII, of the Suffolk County Charter. If you have any questions concerning this matter, please do not hesitate to contact this office. Very truly yours, xGerald V. Cronin Director of Transportation Operations GVC:CFN:dh Enc. ~0~t Cta~[ ~l~J[~l~tVashington Avenue, State Campus, Albany, New York 12232 Willbm C. H~nrm~y, Contmi~ion~ CASE 29653 Name of Petitioner: Nature of Petition: Hampton Jitney, Inc. Petitioner requests a temporary certificate of public convenience and necessity to operate a bus line from the Village of Greenport (Town of Southold) to the hamlet of Manorville (Town of Brookhaven), all in Suffolk County, as described in petition filed November 16, 1982. January 15, 1982 TAKE NOTICE that the public hearing scheduled to be held in the above matter before F. E. Ueberwasser, Administrative Law Judge, on Thursday, January 28, 1982, has been postponed to Thursday, March 4, 1982, at ll:O0 A.M., at the Village Hall, Justice Court Meeting Room, 236 Third Street, Greenport, NY, and will be continued on Friday, March 5, 1982, if necessary. PAUL D. REINERT Executive Assistant Regulation Division ~¢~ 1220 Washington Avenue, State Campus, Albany, New York 12232 I NEW YORKSTATE/'-'--~(~ DEPARTMENT OF'TRANSPORTAllON William C. H®nnsssy, Commi.ioner CASE 29653 Name of Petitioner: Nature of Petition: Hampton Jitney, Inc. Petitioner requests a temporary certificate of public convenience and necessity to operate a bus line from the Village of Greenport (Town of Southold) to the hamlet of Manorville (Town of Brookhaven), all in Suffolk County, as described in petition filed November 16, 1982. January 8, 1982 TAKE NOTICE that a public hearing will be held in the above matter before F. E. Ueberwasser, Administrative Law Judge, at the Village Hall, Justice Court Meeting Room. 236 Third Street, Greenport, NY, on Thursday, January 28, 1982 at 11:00 A.M., and will be continued on Friday, January 29, 1982, if necessary. PAUL D. REINERT Executive Assistant Regulation Division JAN 1 1220 Washington Avenue, State Campus, Albany, New York 12232 William C. Hennemy, Commbatoner ~, CASE 29651 Name of Petitioner: Nature of Petition: Sunrise Coach Lines, Inc. Petitioner requests a temporary certificate of public convenience and necessity to operete a bus line between the Village of Green- port (Town of Southold) end the City of New York, as described in petition filed November 18, 1981. January 15, 1982 TAKE NOTICE that the public hearing scheduled to be held in ~he above matter before F. E. Ueberwasse~, Administrative Law Judge, on Thursday, January 28, 1982, has been postponed to Thursday, March 4, 1982, at ll:00 A.H., at the Village Hall, Justice Court Meeting Room,236 Third Street, Greenport, N.Y., and will be continued on Friday, March 5, 1982, if necessary. PAUL D. REINERT Executive Assistant Regulation Division NEW YORK DEPARTMENT OF'I'RANSPORTATION William C. Hennessy, Commissioner 1220 Washington Avenue, State Campus, A~bany, New York 12232 CASE 29651 Name of Petitioner: Nature of Petition: Sunrise Coach Lines, Inc. Petitioner requests a temporary certificate of public convenience and necessity to operate a bus line between the Village of Green- port (Town of Southold) and the City of New York, as described in petition filed November 18, 1981. January 8, 1982 TAKE NOTICE that a public hearing will be held in the above matter before F. E. Ueberwasser, Administrative Law Judge, at the Village Hall, Justice Court Meeting Room, 236 Third Street, Greenport, NY, on Thursday, January 28, 1982 at 11:00 A.M., and will be continued on Friday, January 29, 1982, if necessary. PAUL D. REINERT Executive Assistant Regulation Division ': .' ~ J,-'7~ NEW YORK STATE RECEIVEI~. '. , D~p~,RT~IE~gTt , ~AN$.~O~TAllON J~ ~ ~ ~ ~ WiUiamC. Henne~y, Commi~ioner ~ Cle~ ~shington Avenue, State Campus, Albany, New York 12232~'~'~ JAN 2 o, 1982 Hon. Kenneth P. LaValle The State Senate Albany, New York Dear Senator LaValle: Thank you for your letter in support of the resolution of the Southold Town Board supporting the Sunrise Coach Lines, Inc. bus service between Greenport and New York City. To bring you up to date, Sunrise was given temporary authority to operate the line on November 18, 1981. The grant was based to a great extent on the support of the Southold resolution and similar resolutions passed in the town of Riverhead and the village of Greenport. You should be aware that we have pending a second application to provide the same service. This application comes from Hampton Jitney, Inc. which presently provides a similar service between the South Fork and New York City. We will be holding a public hearing on March 4 in Greenport to take testimony in support of a grant of permanent authority, both applications will be considered at this hearing. Sincerely~ W. C. HENNESSY / Commissioner THESENATE STATE OF NEW YORK ALBANY SENATOR KENNETH P. LaVALLE 1st DISTRICT I thought you might be interested in this material. Cordially, RECEIVED_ FEB 2 2 98Y. Town Clerk SoutBold 1220 WashingTon Avenue, State Campus, Albany, New York 12232 ~ NEWYORKSTATE ~____~ DEPARTM ENTOt= TRANSPORTATION William (;. Hennessy, Commissioner CASE 29653 Name of Petitioner: Nature of Petition: Hampton Jitney~ Inc. Petitioner requests a temporary certificate of public convenience and necessity to operate a bus line from the Village of Greenport (Town of Southold) to the hamlet of Manorville (Tcwn of Brookhaven), all in Suffolk County~ as described in petition filed November 16, 1982. February 19, 3.982 TAKE NOTICE that the public hearing scheduled to be held in the above matter before F. E. Ueberwasser, Administrative Law Judge~ on Thursday, March 4, 1982, has been postponed to Thursday, March 18~ 1982 at ll:O0 A.M., at the Village Hall, Justice Court Meeting Room, 236 Third Street~ Greenport, ~{Y, and will be ccntinued on Friday, March 19, 1982, if necessary. PAUL D. RE!NERT Executive Assistant Regulation Division RECEIVEI~ FEB 2, 2, 1982 Tow~ Cl~rk Se~th~ld 1220 Washington Avenue, State Campus, Albany, New York 12232 NEW YORK STATE DEIaARTMEHT OF T~RTATION CASE 2965Z Name of Petitioner: Nature of Petitiou: Sunrise Coach Lines, Inc. Petitioner requests a temporary certificate of p~lic convenience and necessity to operate a bus line between the Villase of Green- port (Town of Southold) and the City of New York: as described in petition filed November 18, 1981. February 19, 1982 TA~ NOTICE that the public the above matter before F. E. Judge, on Thursday, March d, hearing scheduled to be held in Ueberwasser, Administrative Law 1982, has been postponed to Thursday, March 18, 1982 at 11:00 A.M., at the Village Hall, Justice Court Meetin~ Room, 236 Third Street, Greenport, NY, and will be continued on Friday, March 19, 1982, if necessary. PAUL D. REI~RT ExecUtive Assistant Re~u!ation Division RECEIVED. MAR 1 8 '1982 Town Clerk $outl~old 1220 Washington Avenue, State Campus, Albany, New York 12232 NEW YORK STATE DEPARTMENTOF TRANSPORTATION William C. Henrm~y, Commi~ioner CASE 29653 Name of Petitioner: Nature of Petition: Hampton Jitney, Inc. Petitioner requests a temporary certificate of public convenience and necessity to operate a bus line from the Village of Greenport (Town of Southold) to the hamlet of Manorville (Town of Brookhaven), all in Suffolk County, as described in petition filed November 18, 1981. March 16, 1982 TAKE NOTICE that the public hearing scheduled to be held in the above matter before F. E. Ueberwasser, Administrative Law Judge, on Thursday, March 18, 1982, has been postponed to Thursday, April 29, 1982 at 11:00 A.M., at the Village Hall, Justice Court Meeting Room, 236 Third Street, Greenport, NY, and will be continued on Friday, April 30, 1982, if necessary. PAUL D. REINERT Executive Assistant Regulation Division CASE 29651 Name of Petitioner: Nature of Petition: Sunrise Coach Lines, Inc. Petitioner requests a temporary certificate of public convenience and necessity to operate a bus line between the Village of Green- port (Town of Southold) and the City of New York, as described in petition filed November 18, 1981. March 16, 1982 TAKE NOTICE that the public hearing scheduled to be held in the above matter before F. E. Ueberwasser, Administrative Law Judge, on Thursday, March 18, 1982, has been postponed to Thursday, April 29, 1982 at 11:00 A.M., at the Village Hall, Justice Court Meeting Room, 236 Third Street, Greenport, NY, end will be continued on Friday, April 30, 1982, if necessary. PAUL D. REINERT Executive Assistant Regulation Di~rision APPROVED JULY 6, 1982 STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION RECEIVED. JUL 9 198 .Town Clerk Seuthold CASE 29651 - Petition of Sunrise Coach Lines, Inc. for a temporary certificate of public convenience and necessity to operate a bus line between the Village of Greenport ~own of Southold) and the City of New York. CASE 29653 - Petition of Hampton Jitney, Inc. for a temporary certificate of public convenience and necessity to operate a bus line from the Village of Greenport {Town of Southold) to the Hamlet of Manorville {Town of Brookhaven}, all in Suffolk County. APPEARANCES: Samuel B, Zinder, P,C., the Atrium, 98 Cutter Mill Road, Great Neck, NY 11021, attorney for Sunrise Coach Lines, Inc. Twomey, Latham & Schmitt, P.O. Box 398, 33 West Second Street, Riverhead, NY 11901, attorney~ for Hampton Jitney, Inc. F, E. UEBERWASSER, Administrative Law Judge: By petition verified November 16, 1981, filed with the Department. November 18, 1981, Sunrise Coach Lines, Inc. (Sunrise), West Front Street, Greenport, NY 11944, sought, pursuant to Section 149.5 of the Transportation Law, and was granted by order adopted November 24, 1981, a temporary certificate of public convenience and necessity for the operation of a bus line along a route between the Village of Greenport {Town of Southold) and the City of New York. By petition dated November 10, 1981, filed with the Department November 16, 1981, Hampton Jitney, Inc. (Hampton), Box 1167, Bridgehampton, NY 11932, sought, pursuant to Section 149.5 of the Transportation Law, and was denied by order adopted November 24, 1981, a temporary certificate of public convenience and necessity for the operation of a bus line from the Village of Greenport (Town of Southold) to the Hamlet of Manorville (Town of Brookhaven), all in Suffolk County, to connect with its existing route running from Montauk to New York City. A report approved November 24, 1981, granting the temporary authority in Case 29651 and denying the temporary authority in Case 29653, states, "These applications appear ~appeared) in the Weekly Bulletin of November 24, 1981, and so there has been no time for submission of possible protest. However, because Should you wishto'~nquire by telephone regarding the attached ~rder, please, direct your call to 518) 457-5664. Cases 29651 and 29653 of the interest and support in.~having such type operation instituted, the applications are subje6t~-to (mmediate consideration and disposition. Hearing on these applications may hereafter be held on either or both applications, if necessary." Thereaf.~er~ pub)ice, earing was held on April 29, 1982, both petitioners appearing in opposition to a grant of authority to the other. Testimony in support of Sunrise~s petition was given by Christa Brown, vice president of Sunrise~ William Pell, supervisor - Town of Southold; William S. Allen, deputy mayor and trustee of the Village Board, Village of Greenport; seven public witnesses. In addition there were about 30 prospective witnesses in support of the Sunrise petition and it was stipulated these prospective witnesses would testify to the effect they would use the service of Sunrise with varying degrees of frequency. Testimony in support of the Hampton Jitney petition was given by James Davidson, president - Hampton Jitney. There were no other witnesses in support. Sunrise, including its predecessor, Robert R. Brown as an individual, is an established carrier who in Case 9216 was first granted authority by order adopted August 10, 1937, to operate a bus line between the Village of Greenport and Quogue, both in Suffolk County. In addition to the temporary authority it holds herein, it also holds in Case 16499 authority to operate a bus route between the Village of Greenport and East Hampton, all in Suffolk County, and incidental to such certificate a permit to transport special or chartered parties. It also holds a permit in Case 20481 as a contract carrier of passen- gers by motor vehicle which includes authority for the transportation of chartered parties from Suffolk County to New York City and the Counties of Broome, Nassau, Orange, Putnam, Suffolk and Westchester. It has available for the proposed service two passenger vans, each with an adult seating capacity of 15 passengers, exclusive of driver, and two passenger coaches, each with seating capacity of 49 passengers. A consolidated balance sheet of Sunrise and Sunrise Buses, Inc., affiliated companies, as at December 31, 1981, indicates assets - $686,271; liabilities - $463,131; capital and retained earnings - $223,140. A consolidated income statement for the year ending December 31, 1981, indicates revenues - $909,010 and net income $24,011. Hampton is an established carrier which was first granted a temporary certificate of public convenience and necessity by order adopted June 20, 1974, in Case 27874 to operate a bus line between the Town of Southampton and Amagansett in the Town of East Hampton, all in Suffolk County. Under authority in Case 28032 it presently operates a bus line between the Town of East Hampton, Town of Southampton, Town of Brookhaven and New York City. It also holds in Case 28032 a permit authorizing the transportation of special or chartered parties inci- dental to the certificate. Its motor vehicle fleet consists of seven coaches with air-conditioning and lavatory, including five 46-passenger Eagle coaches and eight passenger vans each with a seating capacity of 15 passengers, exclusive of driver. Hampton did not submit a financial statement. Pursuant to the temporary authority granted by order .adopted November 24, 1981, Sunrise has been providing bus line service between Greenport and New York City, transporting in January 1982, 599 one-way passengers~ in February 1982, 568 one-way passengers; in March lg82, 709 one-way passengers. Beginning in the -2- , Cases 29651 and 29653 Village of Greenport at Shelter Island Ferry Terminal on Third Street the route follOWs local streets through Greenport, along Middle Road, Main Road and Country Road to the Long Island Expressway {LIE) at Exit 70 and then along the LIE to New York City. After leaving Greenport stops are made at Southold, Cutchogue, Mattituck, and Rtverhead, After leaving Riverhead there are no stops until arrival in New York City. Scheduled time for the trip is 2% hours. There are two round trips each day, departing Monday through Friday from Greenport at 7:30 A.M. and 2:30 P.M. and departing New York City at ll:O0 A.M. and 6:30 P.M. Sunday departure from Greenport will be at 2:30 P.M. and 7:30 P.M. with return trips departing New York at 6:30 P.M. and 9:45 P.M. Adult one-way fares are $12 with an open return ticket priced at $10. The fare for senior citizens, college students and children under 12 accompanied by adult will be $10 one way. All seats are reserved and reservations must be confirmed before 5:00 P.M. the day prior for morning trips and before noon of the same day for P.M. trips. Cancellations are accepted until 5:00 P.M. the day preceding the morning trip and noon of the same day for P.M. trips. There is a $5 charge for late cancellations and full-fare for no shows; however, Sunrise indicates that it has never implemented the penalty charge. Although it did not hold authority, Sunrise had originally commenced weekend operations on July 4, 1981, and started daily operations in September 1981. Sometime thereafter Sunrise was advised that it required authority from the Department of Transportation and ceased operations pending a determination of the temporary authority application. The testimony of the seven public witnesses in support of the Sunrise petition is summarized to the extent they are all residents of the communities on the north fork of Long Island to be served by the proposed bus route; they all have used the services of Sunrise with satisfaction since grant of temporary authority; all would use Sunrise's services in the future with varying degrees of frequency, ranging from two round trips per week to one round tri'p every two months. Hampton Jitney proposes also to operate a round trip service to and from Greenport and New York City by providing a feeder bus service to connect with its existing route running from the south fork of Long Island to New York City. Hampton's route would begin in Greenport at the Shelter Island Ferry terminal and follow Route 25 westerly until reaching an intersection with Old Country Road {County Road 58) in Riverhead where it would turn on to Old Country Road and continue to the Long Island Expressway at Exit 70 (Manorville), then south 1,000 feet to the Gateway Diner on County Road 111. After leaving the ferry terminal at Greenport, stops would be made in Southold, Cutchogue, Mattituck, Riverhead, and finally at the Manorville-Gateway Diner. The scheduled running time from Greenport to Manorville would be about 45 minutes with the entire trip to New York being 2 hours and 50 minutes. The year round schedule provides for three round trips daily leaving Greenport at 8:00 A.M., 10:00 A.M. and 3:15 P.M., arriving at Manorville at 8:45 A.M., 10:45 A.M. and 4:00 P.M. During the months of July and August there would be two additional daily trips leaving Greenport at 6:10 A.M. and 6:00 P.M., arriving respectively at Manorville at 6:55 A.M. and 6:45 P.M. An additional westbound trip would be provided on Sunday only, leaving Greenport at 7:00 P.M. and arriving Manorville at 7:45 P.M. -3- Cases 29651 and 29653 During September through December the 6:10 A.M. trip will be made on Mondays only. All year round eastbound service will leave Manorville at I:00 P.M. and 3:30 P.M., arriving respectively at Greenport at 1:45 P.M. and 4:15 P.M. Two extra trips departing Manorville at 11:30 A.M. and 8:30 P.M., arriving Greenport, respectively, at 12:15 P.M. and 9:15 P.M., will be made daily during July and August and on Mondays only between September through December. All of the above trips would connect with the existing service between New York City and Manorville which has westbound trips leaving Manorville at 6:55 A.M., 8:45 A.M., 10:45 A.M., 4:00 P,M., 6:45 P,M. and 7:45 P.M., with arrival times in Manhattan at 9:00 A.M., 10:30 A.M., 12:30 P.M., 5:30 P.M., 8:15 P.M. and 9:30 P.M. Eastbound trips leave Manhattan at lO:O0 A.M., 11:30 A.M., 2:00 P,M. and 7:00 P.M. with arrival times at Manorville 11:30 P.M., 1:00 P.M., 3:30 P,M. and 8:30 P.M. Hampton would operate new 15-passenger, air-conditioned National Custom Van mini buses for service from Greenport to Manorville where the passengers would then board lava- tory equipped coaches for the remaining portion of the trip into New York City. The proposed one-way fare is $12 with the return trip of $10. A $20 round-trip fare would be available to senior citizens, college students and children under 12 on Tuesdays, Thursdays and Saturdays. Service would be by reservation only by means of telephone in New York City and on the north fork. Discussion and Recommendation Both Sunrise and Hampton are established carriers, and there is little issue concerning their fitness and ability to perform the considered service. There is merit in both applications; however, to authorize operation by both carriers along routes which are essentially the same would result in an undesirable competitive situation. The record indicates that about 40 persons would use Sunrise's services with varying degrees of frequency; however, Hampton offers no evidence by public witnesses and, on the record, it would appear that the order in Case 29651 adopted November 24, 1981, granting authority to Sunrise and the order in Case 29653 adopted November 24, 1981, denying a grant of authority to Hampton should be affirmed. June 21, 1982 FEU:ARB -4- NEW YORK STATE DEPARTMENT OF TRANSPORTATION William C. Hennessy, Comrni.~ionar 1220 Washington Avenue, State Campus, Albany, New York 12232 JUL t 6 1988 P RES ENT; At the Office of the Department of Transportation in the City of Albany on Jul7 6, z982 Edward J. Canty, Director, Regulation Dtvision CASE 29651 - Petition of Sunrise COach Lines, Inc, for a temporary certificate of public convenience and necessity to operate a bus llne between the Village of Greenport {Town of Southold)and the City of New York. Sunrise Coach Lines, Inc., by petition filed November 18, 1981, having sought temporary authority to operate a bus line between the Village of Greenport and New York City and by order adopted November 24, 1981, the Commissioner having determined that such operations would serve the public convenience and necessity and said order having granted such authority, and thereafter a public hearing having been held and the Commissioner having further determined that the order of November 24, 1981, should be affirmed in all respects, it is 0 R D E R E D that the order adopted November 24, 1981, be and it hereby is affirmed in all respects. By the Director, Regulation Division THOMAS B. TYRE~'~ Y Transportation Executive Officer ~FE~.' ARB ~'ECEIVEI~ OCT 2, g 952 Town Clerk Southold STATE OF NEW YORK DEPARTtgNT OF TR-~NSPORTATION APPROVED OCTOBER 20, 1982 October 20, 1982 TO: FROM: SUBJECT: M. Lieberman, Chief Bd~istrative Law Judge M. Clarke Calyer Case 29651 - Petition of Sunrise Coach Lines, Inc. for a temporary certificate of public convenience s_nd necessity For the operation of a bus line between the Village of Greenport (Town of Southold) cad the City of New York. Sunrise Coach Lines, Inc. holds temporary authority in this case authorizing the operation of a bus line between the Village of Greenport (Town of Southold) s_nd the City of New York which expired on October 1, 1982 and have requested renewal of this authority. Notice of the petition was published in the Department's Weekly Bulletin o£ September 28, 1982 and no protests have been received by this office. It is therefore recommended that a temporary certificate of public convenience and necessity be granted~ without hearing, for the operation of a bus line as a demonstration or experimental project and that the requirements of Section 551.5 of Title 17 of the Official Compilation of Codes, Rules and Regulations of the State of New York setting forth this Department's Rules of Procedure with respect to notifying of competitors, the providing of information as to equipment and the schedule of operations be waived. MCC:cs Should you wish tO inquire by telephone: ,regarding the &ttached Order, Pleas~ direc~' your Call to 1220 Washington Avenue, State Campus, Albany, New York 12232 PRESENT: NEW YORK STATE DEPARTMENT OF TRANSPORTATION William C. Hennessy, C(3mm~sioner At the Office of the Department of Transportation in the City of Albany on October 20, 1982 Edward J. Canty, Director, Regulation Division CASE 29651 - Petition of Sunrise Coach Lines, Inc. for a temporary certificate of public convenience and necessity for the operation of a bus line between the Village of Greenport (Town of Southold) and the City of New York. RENEWAL OF TEMPORARY CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY. By order adopted herein November 24, 1981, Sunrise Coach Lines, Inc. having been granted a temporary certificate of public convenience and necessity for the operation of a bus line over the streets, avenues and public places as in said order set forth, and said temporary certificate of public convenience and necessity expired on October 1, 1982, and said carrier having petitioned for renewal of such temporary certificate of public convenience and necessity, and the Commissioner of Transportation having determined that such petition should be granted to the extent hereinafter set forth, it is ORDERED: 1. That the temporary certificate of public convenience and necessity g~anted herein November 24, 1981 to expire on October l, 1982 be and it hereby is extended to October l, 1983. 2. That in all other respects the terms amd conditions of the order dated November 24, 1981 remain in full force and effect. That this order shall become effective immediately. By the Director, Regulation Division )4 :CS Transporzation Executive Officer