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HomeMy WebLinkAboutSunrise Coach Lines--- ;RECEIVED.' OCT 2. 9 i9S£ Town Cle~ $outhold STATE OF NEW YORK DEPARTI~NT OF TtL&NSPORTATION APPROVED OCTOBER 20, 1982 October 20, 1982 TO: FROM: SUBJECT: M. Lieberman, Chief Administrative Law Judge M. Clarke Calyer 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. 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) and 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 of September 28, 1982 and no protests have been received by this office. It is therefore recommended that a temporary certificate o£ public convenience and necessity be ~ranted, 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 o£ information as to equipment and the schedule of operations be waived. MCL, .cs 1220 Washington Avenue, Statb Campus, Albany, New York 12232 P~S~T: NEW YORK STATE DEPARTMENT OF TRANSPORTATION William C. Hermes./, Commis3ioner At the Office of the Department of Transportation Lu 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 CONV~NIENCE 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 l, 1982, and said carrier ha~ng 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 so the extent hereinafter set forth, it is ORDERED: 1. T~hat the temporary certificate of public convenience and necessity granted 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 and conditicns of the order dated November 24, 1981 remaau in full force and e~f~ct. That this order shall become effective immediately. By the ~' ~ ~ ~re~ .o~, Regulation Division Executive '~"~ *~ ' APPROVED JULY 6, 1982 STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION RECEIVED. JUL ! 9 1982 ~rown Clerk Seuth~ld 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, NY ll021, 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 DepartmentNovember 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 Vi'llage of Greenport (Town of Southold) and the City of New York. By petition dated November lO, 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 appli'cations 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 wish to inquire by telephone regarding the attached ord_er, please, direct your call to (518) 45?-5664. r· Cases 29651 and 29653 of the interest and support in having such type operation instituted, the applications are subject'-to immediate consideration and disposition. Hearing on these applications may hereafter be held on either or both applications, if necessary." Thereaftera' pubtichearing 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 lO, 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 1982, 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 ~oad, 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 Rlverhead, After leaving Riverhead there are no stops until arrival in New York City. Scheduled time for the trip is 2½ 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 li: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 trip 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 1:00 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 ll: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 Manorvtlle I1:30 P.M., l:O0 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 Recon~nendation 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 Sunrlse'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- 1220 Washington Average, State Campus, Albany, New York 12232 JUL t B 198~ PRESENT: NEW YO R K STATE DEPARTMENT OF TRANSPORTATION William C. Henoessy, Commissioner At the Office of the Department of Transportation in the City of Albany on ~F~J~F 6, Z982 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 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 Comnissioner 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 .. .- ..~./c/> ~.~__--~- . THOMAS B. TYREE~', Transportation Executive Officer ~FE~.' ARB RECEIYE~ ' NEW YORK STATE William C. Henn6s~y, Commi~lioner 3'own Cle~ $outhotcl ~ 1220 Washington Avenue, State Campus, Albany, 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 e 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, and will be continued on Friday, April 30, 1982, if necessary. PAUL D. REINERT Executive Assistant Regulation Division 1220 W~shing~n A~enue, $~e C~rn~us, Albany, N~w Yo~k 12~3~ NEW YORK STATE DEPARTM F TRANSPORTAllON CASE 29651 Name of Petitioner: Nature of Petition: Sunrise Coach Lines, Inc. Petitioner requests s temporary certificate of public convenience and necessity to operate 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. February 19, 1982 TAI~ NOTICE that the public hearing scheduled to be held in the above matter before F. E. Ueberwasser, Administrative Law Jud[e, 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, ~TY, and will be continued on Friday~ March 19, 1982, if necessary. PAUL D. REI~RT -' ExecUtive Assistant Regulation Division RECEIVED. FEB 2 2 1987.. C NoW YORK STATE .,,.~ ~--~ DEPART~=N', OF TRANSPORTAllON ~ William C. Hennessy, Commiaionef · ~l'own Clerk $outl~old 1220 Washington Avenue, State Campus, Albany, New York 12232 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 Mano~zille (Town of Brookhaven), all in Suffolk County, as described in petition filed November 16, 1982. February 19, 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 4, 1982, has been postponed to Thursday, March 18, 1982 at 11:00 A.M., at the Village Hall, Justice Court Meeting Room, 236 Third Street, Greenport, and will be continued on Friday, March 19, 1982, if necessary. PAUL D. REINERT Executive Assistant Regulation Division ". ~ / . ~' ~ NEW YORK STATE ~ Cle~ ~shington Avenue, State Campus, Albany, New York 12232 JAN 2 ¢. 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 avmre 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. H~NNESSY Commissioner THESENATE STATE OF NEW YORK ALBANY SENATOR KENNETH P, LaVALLE 1st DISTRICT I thought you might be interested in this material, Cordially, RECEIVED 1220 Washington Avenue, State Campus, Albany, New York 12232 DEPARTM~ TRANSPORTMION William C. Henne~y, Commi~oner 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 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:O0 A.M., at the Village Hall, Justice Court Meeting Room,2~6 Third Street, Greenport, N.Y., and will be continued on Friday, March 5, 1982, if necessary. PAUL D. REINERT Executive Assistant Regulation Division RECEIVED lewe C~erK ll~ NEW YORK STATE.~. (..__~../~ I DEPARTMEHI~ TRANSPORTATION William C. Hennessy, Commissioner 1220 Washington Avenue, State Campus, Albany, 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 RECEIVED · Town O~r~ Souttiol'~ COUNTY OF' ~UFF'OLK PETER F'. COHALAN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF' PLANNING TRANSPORTATION DIVISION LEE[ E. KOPPELMAN IDIffi£CTOR OF PLANNING GERALD V. CRONIN, 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, Director of Transportation Operations GVC:CFN:dh Enc. RECEIVED L.,r. 8 1981 '[ov~ Cled{ $outtiokl' TH[=- $ [=' NATE~ ST/kTJ;' OF' NF'W YORK December 17, 1981 Mrs. Judith T. Terry Southsld Town Clerk, Town of Southold Town Hall, 53095 Main Road PO Box 728 South~ld, Ne~Yo~l1971 Dear Mrs~ This wi~acknowle~ge receipt of a copy of a resolution adopted 5¥ the Southold Town Board on November 10, 1981, wh~ckwas directed to Commissioner Hennessy, New York State Department of Transportation concerning the Town Board's support of Sunrise Coach Lines, Inc. Please be advised that I have written to Co~nuissioner Eennessy indicating my full support of your resolution. If I can be of further assistance to you in this matter, please feel free to contact my office. mcerely yours, t~P. LaValle KPL:jc 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 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, ~e'-~'C/E' ~ ......~2'-'~ ~- -- - Judith T. Terry Southold Town Clerk CC: 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 TIlE 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 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 cormmute 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 transportation, which has been found to be extremely necessary for those residents of Southold Town who com~nute 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 TO~N OF SOUTHOLD Town Hall, $3095 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'H~nnessy: 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 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 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 HauppauEe, 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 supgort 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 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. LIEBEBMAN, 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). Hampton presently operates a bus line between the south shore points in the Hampton area and Manhattan and enters the Long Island Expresswa at Interchange 70. Accordingly, the Greenport-Manorville fork would ~ould you wish to inquire by \~lephone regarding the attached vder, please direct your Call to . 18) 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 comm%unities 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 2:30 p.m. and 7:30 p.m. departure from Greenport and a 6:30 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 Biverhead. 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 Reconunendation Two fit carriers have applied almost simultaneously for authority to operate essentially the same service. There is m~rit 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 commuters 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 commuters 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 recommended that the Sunrise application for temporary authority be approved and that concurrently the Hampton Jitney application be denied. November 24, 1981 ML:pm -4- NEW YORK STATE DEPARI'MENTOF TRANSPORTATION William C. HennMiy, CommiMioner 1220 Washington Avenue, State Campus, Albany, New York 12232 PRESENT: At the Office of the Department of Transportation in the City of Albany on November 24, 1981 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 Transportation having 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 recessity 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 convenien¢ and necessity for the operation of a bus line as herein set forth does not per s~e include authority to transport passengers pursuant to the provisions 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 ~THOMAS Bo TYREE Transportation Executive Officer ML:pm -2- Case 29651 APPENDIX SUNRISE COACH LINES, INC. ROUTE DESCRIPTION ON Third Street Route 25 Moores Lane Middle Road Middle Road Middle Road Love Lane Route 25 Route 58 L.I.E. Third Ave. 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 kv. L.I.E. ~a~vern 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.