January 7, 2022
Dwayne R. Snead, Sr., Senior Engineer
Bureau of Structural & Railroad Engineering Services (BSRES)
State of New Jersey, Department of Transportation
Engineering & Operations Building
1035 Parkway Avenue
P.O. Box 600
Trenton, New Jersey 08625-0600
Re: McClellan Avenue At-Grade Crossing
Berlin Borough, Camden County
Dear Mr. Snead:
As requested, I am acknowledging receipt your correspondence received on January 7, 2022,
setting forth your recommendation to proceed with the closure of the McClellan Avenue At-Grade
Crossing. While I am bitterly disappointed to receive your recommendation, I understand its part of the
eview process. I am, however, 
December 13, 2021 technical submittal which included our traffic study, closure opposition letters from our
residents, impacts to houses of worship, commercial businesses and other related public safety concerns. I
understand our package of information will be considered as part of the 30-day comment period, in response
to the Memorandum of Record, by the NJDOT.
Once again, it is the position of the Borough of Berlin that we staunchly and steadfastly oppose
your recommendation. I believe once you review the materials the Borough has submitted, you will have a
change of position.
Finally, I accept your offer to meet and discuss potential alternatives to the closing of the McClellan
Avenue crossing. We will be submitting additional materials with respect to potential alternatives and
would like to meet as soon as practical. I can be reached on my cell phone at any time: (856) 266-0312.
Very truly yours,
Rick Miller, Mayor
Berlin Borough, Camden County
CC: Borough Council
Michaela Bosler, RMC
Essential Safety Personnel
Howard C. Long, Jr., Borough Solicitor
RICK MILLER, Mayor
Municipal Building
59 So. White Horse Pike
Berlin, New Jersey 08009
MICHAELA BOSLER, RMC
Municipal Clerk
(856) 767-7777 ext. 113
Fax (856) 753-9122
www.berlinnj.org
“IMPROVING LIVES BY IMPROVING TRANSPORTATION”
New Jersey Is An Equal Opportunity Employer • Printed on Recycled and Recyclable Paper
State of New Jersey
DEPARTMENT OF TRANSPORTATION
P.O. Box 600
Trenton, New Jersey 08625-0600
PHILIP D. MURPHY
DIANE GUTIERREZ-SCACCETTI
Governor
Commissioner
SHEILA Y. OLIVER
Lt. Governor
January 7, 2022
Joshua Szulczewski, Ph.D., P.E, Project Engineer
Structural and Railroad Engineering Services Unit
Division of Bridge Engineering and Infrastructure
New Jersey Department of Transportation
1035 Parkway Avenue - P.O. Box 600
Trenton, New Jersey 08625-0600
Joseph Haddad
Chief Engineer of Right-of-Way
New Jersey Transit
One Penn Plaza East
Newark, New Jersey 07105-2246
Jim Maddonni & Hugh Dougherty, P.E.
Borough Engineers
Pennoni Associates
515 Grove Street
Haddon Heights, NJ 08035
IN THE MATTER OF REVIEW OF THE
ELIMINATION OF THE HIGHWAY-RAIL AT-
GRADE CROSSING OF NEW JERSEY
TRANSIT RAIL OPERATIONS, INC. “NJ
TRANSIT” ATLANTIC CITY RAIL LINE
BRANCH – USDOT INVENTORY NO.
586048W MCCLELLAN AVENUE IN THE
BOROUGH OF BERLIN, CAMDEN COUNTY,
NEW JERSEY
)
)
)
)
)
)
)
)
)
MEMORANDUM OF RECORD
MCCLELLAN AVENUE
DOT DOCKET NO. 14-2022CM
NJDOT Railroad Engineering MEMORANDUM OF RECORD (“MOR”)
DOCKET # 14-2022CM – McClellan Avenue At-Grade Railroad Crossing (CR) USDOT #586048W
Borough of Berlin, Camden County, New Jersey
Page 2 of 3
Chief Millard Wilkinson, Police Chief
Borough of Berlin Police Department
59 South White Horse Pike
Berlin, NJ 08009
Lt. Michael Scheer
Borough of Berlin Police Department
59 South White Horse Pike
Berlin, NJ 08009
Dr. Joseph Campisi,
Superintendent of Schools
Berlin School District Board of Education
215 South Franklin Avenue
Berlin, NJ 08009
John Scavelli,
Interim Business Administrator and Board Secretary
Berlin School District Board of Education
215 South Franklin Avenue
Berlin, NJ 08009
Kimberly Nance
Office of Community Relations
New Jersey Department of Transportation
1035 Parkway Avenue - P.O. Box 600
Trenton, New Jersey 08625-0600
Stacy Hood
Division Engineer-Newark Division
New Jersey Transit
5 Central Avenue
Red Bank, New Jersey 07701
E.J. Joscelyn
Chief Engineer of Signals
New Jersey Transit
One Penn Plaza East
Newark, New Jersey 07105-2246
NJDOT Railroad Engineering MEMORANDUM OF RECORD (“MOR”)
DOCKET # 14-2022CM – McClellan Avenue At-Grade Railroad Crossing (CR) USDOT #586048W
Borough of Berlin, Camden County, New Jersey
Page 3 of 3
To the Mentioned Addressees:
The Department’s Bureau of Structural & Railroad Engineering Services Unit Diagnostic Team hereby
issues the attached MEMORANDUM OF RECORDS (MOR), pertaining to the above captioned matter.
Direct any questions or comments in writing to the NJDOT’s Structural and Railroad Engineering Services
Unit, Diagnostic Team Leader Dwayne R. Snead Sr. via email @ [email protected]
NEW JERSEY DEPARTMENT OF TRANSPORTATION
Approved By:
Dated: _________________
____________________________________________
Signed by Dwayne R. Snead Sr., Senior Engineer FOR
Joshua Szulczewski, Ph.D., P.E, Project Engineer
Bureau of Railroad Engineering Services & Safety Unit
New Jersey Department of Transportation
1/07/2022
“IMPROVING LIVES BY IMPROVING TRANSPORTATION”
New Jersey Is An Equal Opportunity Employer • Printed on Recycled and Recyclable Paper
State of New Jersey
DEPARTMENT OF TRANSPORTATION
P.O. Box 600
Trenton, New Jersey 08625-0600
PHILIP D. MURPHY
DIANE GUTIERREZ-SCACCETTI
Governor
Commissioner
SHEILA Y. OLIVER
Lt. Governor
January 7, 2022
The New Jersey Department of Transportation’s (hereinafter “NJDOT” or the “Department”)
Commissioner initiated a review of the aforementioned Public Railroad-Highway At-Grade Crossing on her
own motion as a result of Safety Evaluations on the New Jersey Transit Rail Operations, Inc., hereinafter
“NJ TRANSIT” Atlantic City Rail Branch Line. This review was in conjunction with NJ TRANSIT for
the elimination of the McClellan Avenue At-Grade Crossing CR. #586048W.
Subsequent to the Initiation of Proceedings (IOP) notice, the NJDOT Bureau of Structural & Railroad
Engineering Services Unit (hereinafter “BSRES”) Diagnostic Team held a Diagnostic Meeting on
Wednesday, October 27
th
, 2021 at the McClellan Avenue At-Grade Crossing CR. #586048W Highway-
Rail At-Grade Crossing located in the Borough of Berlin, Camden County, New Jersey. The following
participants attended the Diagnostic Team Meeting:
ATTENDEES
NEW JERSEY DEPARTMENT OF TRANSPORTATION (NJDOT)
Dwayne R. Snead Sr. Diagnostic Team Leader NJDOT – BSRES Unit
Gerard Houck Engineering Technician 3 NJDOT – BSRES Unit
Joshua Szulczewski, Ph.D., P.E. Project Engineer NJDOT – BSRES Unit
NEW JERSEY TRANSIT RAIL OPERATIONS, INC. “NJ TRANSIT” (RAILROAD)
Joseph Haddad Chief Engineer of Right of Way
Brenan Stult Senior Safety Officer
IN THE MATTER OF REVIEW OF THE
ELIMINATION OF THE HIGHWAY-RAIL AT-
GRADE CROSSING OF NEW JERSEY TRANSIT
RAIL OPERATIONS, INC. “NJ TRANSIT”
ATLANTIC CITY RAIL LINE BRANCH – USDOT
INVENTORY NO. 586048W MCCLELLAN
AVENUE IN THE BOROUGH OF BERLIN,
CAMDEN COUNTY, NEW JERSEY
)
)
)
)
)
)
)
)
MEMORANDUM OF RECORD
MCCLELLAN AVENUE
DOT DOCKET NO. 14-2022CM
NJDOT Railroad Engineering MEMORANDUM OF RECORD (“MOR”)
DOCKET # 14-2022CM – McClellan Avenue At-Grade Railroad Crossing (CR) USDOT #586048W
Borough of Berlin, Camden County, New Jersey
Page 2 of 15
Stacy Hood Division Engineering-Newark Division
Harry Oddo Senior Safety Officer
Chuck Reed Line Engineer - Safety
Franklin Taylor Jr. Principal Project Engineer
Barbara Lazzaro Senior Director ~ Government & Community Relations
James Brown Safety Officer
William McMahan Senior Safety Officer
BERLIN BOROUGH
Bill Behnke Deputy Fire Chief
John Allsebrook, CPWM Superintendent of DPW
The Diagnostic Team (hereinafter the “Team”), involving those in attendance, reviewed the site conditions
at the Highway-Rail At-Grade Crossing at the intersection of NJ TRANSIT’s Atlantic City Rail Branch
Line as pertaining to, the elimination of the existing At-Grade Crossing Railroad Warning Devices,
Roadway Traffic Control Devices, Roadway Geometry, Roadway Surface Features and Approaches.
*Please be advised that for the purpose of our review and discussion pertaining to the above captioned
Highway-Rail At-Grade Crossing. The Two-way / two (2) lane roadway of McClellan Avenue runs in
the North/South travel way direction, which is crossed At-Grade by a single (1) rail track of NJ
TRANSIT traveling in the West/East direction within the Atlantic City Rail Branch Line. The
Diagnostic Meeting was held on the Southwestern Side of the Right-of-Way (R.O.W.) in an open area
along the R.O.W. adjacent to the Southwest Quadrant of the NJ TRANSIT, Atlantic City Rail Branch
Line At-Grade Crossing.
BSRES DIAGNOSTIC TEAM FINDINGS
1. The McClellan Avenue Railroad At-Grade Crossing tracks are owned, operated, and maintained
by NJ TRANSIT. The Railroad At-Grade Crossing is identified as USDOT Crossing (CR.)
#586048W McClellan Avenue in the Borough of Berlin, Camden County within the Atlantic City
Rail Line Branch of NJ TRANSIT @ NJ TRANSIT’s Milepost (MP) #16.70; @ (Latitude:
39°47’35.8” N / 39.7932870 ~ Longitude: -74°55’27.0” W / -75.9241720) is approximately 400
Feet (0.0758 Mile) South from the Washington Avenue At-Grade Crossing USDOT Crossing
#586047P.
2. McClellan Avenue is a Roadway under the jurisdiction of the Borough of Berlin that is crossed
At-Grade by a single (1) rail track alignment of NJ TRANSIT that operates as a passenger
commuter train on this track alignment / Atlantic City Rail Line.
3. McClellan Avenue is a public residential Two-way lane traffic roadway with no sidewalk access
and no roadway shoulders. McClellan Avenue has a posted vehicle speed of 25 MPH along the
Northbound & Southbound traveled way.
NJDOT Railroad Engineering MEMORANDUM OF RECORD (“MOR”)
DOCKET # 14-2022CM – McClellan Avenue At-Grade Railroad Crossing (CR) USDOT #586048W
Borough of Berlin, Camden County, New Jersey
Page 3 of 15
4. In close proximity to the McClellan Avenue Crossing, there are intersecting roadways/streets
identified as North Atlantic Avenue and Hamilton Avenue, which are situated on the Eastern side
and runs in the Eastbound and Westbound travel ways.
• North Atlantic Avenue is a Roadway that’s perpendicular to McClellan Avenue is
parallel to the tracks on the northeastern side/quadrant that’s under the jurisdiction
of the Borough of Berlin.
• Hamilton Avenue is a Roadway that’s perpendicular to McClellan Avenue and is
parallel to the tracks on the southeastern side/quadrant that’s under the jurisdiction
of the Borough of Berlin.
5. CR. #586048W McClellan Avenue At-Grade Crossing surface consists of a rubber style with
asphalt approaches. According to the latest BSRES’s Railroad Crossing Inspection, the Crossing
surface has been deemed to be in a satisfactory condition.
6. McClellan Avenue CR. #586048W At-Grade Crossing is an Active Railroad At-Grade Crossing.
The Railroad Crossing is controlled by Railroad Warning Devices that consists of two (2)
automatic roadway gate masts erected with back-to-back post-mounted twelve-inch (12”)
incandescent bulb flashing light signals installed with a single double-faced Railroad Crossing
Crossbuck (MUTCD R15-1) situated on the Northwest (NW) and Southeast (SE) quadrants; one
(1) stand-alone automatic pedestrian gate masts on the Northeast (NE) quadrant. There are
Advance Warning Railroad Pavement Markings, Railroad Stop Bar/Line, and Advanced Railroad
Warning Signs (MUTCD W10-1) on the approaches to the At-Grade Crossing. Each mast has an
Emergency Notification Sign (ENS) for Crossing Identification & Emergency number installed on
both NW & SE Quadrants with an affixed mechanical-style bell installed on the SE quadrant.
7. Please be advised that this MOR is based off the 13
th
& 15
th
of October 2021 Initiation of
Proceedings, hereinafter “IOP”, granted by the Department’s Commissioner to conduct a
Diagnostic Team Meeting “DTM” on the 27
th
of October 2021. The IOP was initiated as a request
to discuss the Full Closure / Elimination of the McClellan Avenue At-Grade Crossing.
8. Please be further advised that this Full Removal and/or Elimination of the McClellan Avenue At-
Grade Crossing was also a request / recommendation based off the Department’s BSRES
Diagnostic Team Meeting held on Thursday, May 20
th
, 2021 at the Washington Avenue ~
USDOT # 586047P Highway-Rail At-Grade Crossing located in the Borough of Berlin, Camden
County, New Jersey.
9. The BSRES’s Washington Avenue Memorandum of Record (MOR) Docket #38-2021CM was
issued on June 15, 2021 regarding Signal and Surface Upgrades to Washington Avenue with
request / recommendations regarding the Full Closure / Elimination of the McClellan Avenue At-
Grade Crossing #586048W.
10. During the May 20
th
, 2021 Washington Avenue DTM, the attending Team discussed two (2)
Options regarding the upgrade of the Washington Avenue Crossing and the existing Active
Railroad Warning Devices to accommodate the modernized Masts with Railroad Crossing
NJDOT Railroad Engineering MEMORANDUM OF RECORD (“MOR”)
DOCKET # 14-2022CM – McClellan Avenue At-Grade Railroad Crossing (CR) USDOT #586048W
Borough of Berlin, Camden County, New Jersey
Page 4 of 15
Automatic Vehicular and Pedestrian Gates within the Northwest, Southwest, and Southeast
Quadrants of the Crossing and Surface Modernization to concrete type panels. The following
Options were expressed as Option (1) and Option (2). Option 1 described the proposed Railroad
Signal Upgrade Options to be constructed within the four (4) quadrants of the At-Grade Crossing
and Option 2 which included Option 1 recommendations as well as the recommendation for the
Full Closure / Elimination of the McClellan Avenue At-Grade Crossing #586048W as specified
below:
Proposed Railroad Signal Upgrade Option (2) with Full Closure / Elimination of the
McClellan Avenue At-Grade Crossing #586048W:
• McClellan Avenue At-Grade Crossing Elimination / Removal & Full Closure – Full
Removal and/or Elimination of the At-Grade Crossing involves closure of the roadway
at the At-Grade Crossing. The roadway approaches to the At-Grade Crossing will be
removed and the appropriate signs and object markers shall be placed at the roadway
end and/or at the NJ TRANSIT’s Right-of-Way boundary line in accordance with
MUTCD Section 2C.66 & MUTCD Section 8A.05 Grade Crossing Elimination. The
rail track surface shall be removed as well as the Active Railroad Warning Devices.
McClellan Avenue travel way and roadway will be close to vehicular and pedestrian
traffic on both approaches indefinitely.
11. On Thursday, May 20
th
, 2021, the Team discussed Option #2 as a highly recommendation from
Representatives of NJ TRANSIT. The Team initially discussed closure options involving
Washington Avenue At-Grade Crossing, however, McClellan Avenue was deemed to be the best
approach for elimination/closure of an At-Grade Crossing. In accordance with 2013 New Jersey
Revised Statutes TITLE 48 – PUBLIC UTILITIES Section 48:12-76 et al, “N.J.S.A § 48:12-76
(2013)”, Closing, Abandoning or Combining Crossings. In connection with the elimination of any
Crossing At-grade, the improvement, relocation, alteration or reconstruction of any crossing not
At-grade, or the location and construction of any new crossing not At-grade under sections 48:12-
68 to 48:12-75 of this Title, the Board of Public Utility Commissioners on petition of the State
Highway Department or of any railroad company affected or of any party in interest may close,
abandon or combine any railroad crossing or crossings at grade of any State, county or municipal
highway or highways, when the board shall determine that the public safety so requires or public
convenience so permits and that by reason of said State highway construction or improvement the
Crossing is or the Crossings are no longer necessary. Amended by L.1962, c. 198, s. 134.
12. Please be advised that a Railroad-Highway At-Grade Crossing can be closed /removed/eliminated
due to Crossings within close proximity or within ¾ mile (3960 feet) radius or distance of each
other. There are five (5) Railroad-Highway At-Grade Crossings within a ½ mile (2,640 feet) stretch
of the Atlantic City Rail Line Branch of NJ TRANSIT. The five (5) Crossings are identified as
Cross Keys Road, Harker Avenue, East Taunton Avenue, Washington Avenue, and McClellan
Avenue. However, the following three (3) Railroad-Highway At-Grade Crossings are within close
proximity and are identified as:
NJDOT Railroad Engineering MEMORANDUM OF RECORD (“MOR”)
DOCKET # 14-2022CM – McClellan Avenue At-Grade Railroad Crossing (CR) USDOT #586048W
Borough of Berlin, Camden County, New Jersey
Page 5 of 15
• USDOT Crossing (CR.) #586048W McClellan Avenue within the Atlantic City Rail
Line Branch of NJ TRANSIT @ NJ TRANSIT’s Milepost (MP) #16.70; @ (Latitude:
39°47’35.8” N / 39.7932870 ~ Longitude: -74°55’27.0” W / -75.9241720) is
approximately 400 Feet (0.0758 Mile) South from the Washington Avenue At-Grade
Crossing. See Figure 16A from DOCKET # 38-2021CM – Washington Avenue At-Grade
Railroad Crossing ~ USDOT #586047P below.
• USDOT Crossing (CR.) #586047P Washington Avenue within the Atlantic City Rail
Line Branch of NJ TRANSIT @ NJ TRANSIT’s Milepost (MP) 16.50 @ (Latitude:
39°47’38.2” N / 39.7939380 ~ Longitude: -74°55’31.0” W / -74.9252860) is
approximately 400 Feet (0.0758 Mile) North from the McClellan Avenue At-Grade
Crossing. See Figure 16A from DOCKET # 38-2021CM – Washington Avenue At-Grade
Railroad Crossing ~ USDOT #586047P below.
• USDOT Crossing (CR.) #586046H Taunton Avenue ~ Camden County Route 536
SPUR within the Atlantic City Rail Line Branch of NJ TRANSIT @ NJ TRANSIT’s
Milepost (MP) #16.40; @ (Latitude: 39°47’35.8” N / 39.7945320 ~ Longitude: -
74°55’27.0” W / -75.9263050) is approximately 360 Feet (0.0682 Mile) North from the
Washington Avenue At-Grade Crossing. See Figure 16A from DOCKET # 38-2021CM –
Washington Avenue At-Grade Railroad Crossing ~ USDOT #586047P below.
(Figure 16A)
NJDOT Railroad Engineering MEMORANDUM OF RECORD (“MOR”)
DOCKET # 14-2022CM – McClellan Avenue At-Grade Railroad Crossing (CR) USDOT #586048W
Borough of Berlin, Camden County, New Jersey
Page 6 of 15
13. Pursuant to the Federal Highway Administration (FHWA) and UNITED STATES CODE ~ TITLE
23 - HIGHWAYS - Chapter 1 ~ Federal Aid Highways ~ Section 130 Railway-Highway
Crossings, “23 U.S. Code § 130(i) et al”, the Borough of Berlin will receive a total of $15,000.00
incentive for the agreement to close McClellan Avenue At-Grade Crossing from both NJDOT and
NJ TRANSIT. The incentive payment for the McClellan Avenue At-Grade Crossing CR.
#586048W Closure shall be allocated only to future roadway / street / transportation safety
improvements within the Berlin Borough, Camden County, State of New Jersey.
14. On August 2, 2021, BSRES sent an email correspondence to the Borough of Berlin
Representatives on record, following up on the decision regarding the Full Closure / Elimination
of the McClellan Avenue At-Grade Crossing #586048W. BSRES advised the Borough that, As of
that Date, NO Comments nor any Objections were received from the general public and/or the
concerned parties of interest in this matter. Prior to proceeding with the ORDER process and
Initiation of Proceedings (IOP) to conduct a Diagnostic Meeting at McClellan Avenue At-Grade
Crossing #586048W for the full closure and Pursuant to Findings / Recommendations in paragraph
3 & 4 on Page 17 of 19 of the June 15, 2021 Effective MOR which was attached. BSRES gave
notice to the Borough that the Department will be proceeding with Option #2 as described and
quoted below.
A. BOROUGH OF BERLIN SHALL:
If Option #2 is Chosen
3. Notify the Department in writing during the 30-day comment period of the Boroughs
decision. Please be advised that failure to respond within that timeframe will be taken as
acceptance.
4. Receive a fifteen-thousand-dollar $15,000.00 incentive payment for the agreement to close
McClellan Avenue At-Grade Crossing. The amount of seventy-five hundred dollars
($7,500.00) from both NJDOT and NJ TRANSIT will be payable to the Borough of Berlin
upon the closure of the McClellan Avenue At-Grade Crossing. The incentive payment for
the McClellan Avenue At-Grade Crossing CR. #586048W Closure shall be allocated only
to future roadway / street / transportation safety improvements within the Berlin Borough,
Camden County, State of New Jersey.
15. The McClellan Avenue At-Grade Crossing CR. #586048W has four (4) Quadrants that are
positioned in the Northwest, Northeast, Southwest, and the Southeast on both approaches that
encompass Railroad Warning Devices and other important attributes to the Crossing. Please see
the following Quadrant descriptions specified in the findings on page #7 as well as the Quadrant
descriptions depicted in Figure 15A.
NJDOT Railroad Engineering MEMORANDUM OF RECORD (“MOR”)
DOCKET # 14-2022CM – McClellan Avenue At-Grade Railroad Crossing (CR) USDOT #586048W
Borough of Berlin, Camden County, New Jersey
Page 7 of 15
(Figure 15A)
McClellan Avenue CR #586048W Quadrant Descriptions:
• Southwest (SW) Quadrant – Currently is an open access area consisting of maintained
grass area and gravel/ballast. Within this Quadrant, there is also erected guide rail that
delineate the intersecting roadway/street.
• Northwest (NW) Quadrant - Currently has an Active Railroad Automatic Vehicular
Roadway Gate Warning Device with Mast and Foundation affixed with a mechanical
railroad bell and post-mounted Back-to-Back twelve-inch (12”) incandescent bulb
flashing-Light signals on the supporting Mast directed/situated towards the
Northbound and Southbound traveled way and approach as well as a set of post-
mounted twelve-inch (12”) incandescent bulb flashing-Light signals facing towards
Atlantic Avenue intersection and approach. The Warning Device has an affixed
single-faced Railroad Crossing Crossbuck Sign (MUTCD R15-1) directed/situated
towards the southbound traveled way and approach. Within this Quadrant, there is an
open area that consists of a vegetated tree line behind a chain link fence, gravel/ballast
along the R.O.W. and an erected utility pole. An existing Railroad Circuitry-Signal &
Equipment House and signal box is also within this quadrant and along the R.O.W.
• Southeast (SE) Quadrant – Currently has an Active Railroad Automatic Vehicular
Roadway Gate Warning Device with Mast and Foundation affixed with a mechanical
railroad bell and post-mounted Back-to-Back twelve-inch (12”) incandescent bulb
flashing-Light signals on the supporting Mast directed/situated towards the
Northbound and Southbound traveled way and approach. The Warning Device has an
NJDOT Railroad Engineering MEMORANDUM OF RECORD (“MOR”)
DOCKET # 14-2022CM – McClellan Avenue At-Grade Railroad Crossing (CR) USDOT #586048W
Borough of Berlin, Camden County, New Jersey
Page 8 of 15
affixed single-faced Railroad Crossing Crossbuck Sign (MUTCD R15-1)
directed/situated towards the northbound traveled way and approach. Within this
Quadrant, there is a vegetated tree line with gravel/ballast along the R.O.W. A second
track and/or spur with a track bumper that does not cross at-grade. An erected guiderail
is within this quadrant at the intersection of Hamilton Avenue and McClellan Avenue.
• Northeast (NE) Quadrant – Currently has an Active Stand-Alone Railroad Automatic
Pedestrian Gate Warning Device with Mast and Foundation. There is an open space
with gravel/ballast and a chain link fence along the R.O.W along the R.O.W. Parallel
to and at the intersection of Atlantic Avenue and McClellan Avenue.
16. The McClellan Avenue CR #586048W is an illuminated Crossing with Street Lighting within
approximately fifty (50’) feet from the nearest rail.
17. Based on field observations and notification from Representatives of the Borough of Berlin during
the Diagnostic Meeting, McClellan Avenue is a Low / moderate travel way for motorist and
various size delivery trucks.
18. At the present time, a Representative of NJ TRANSIT advised the Team that their Train operations
currently consist of approximately twelve (12) to twenty-six (26) passenger / commuter trains per
day and approximately 180 passenger / commuter trains per week traveling at 60 MPH on the
Atlantic City Rail Branch Line. In addition to the passenger / commuter trains, various Freight
trains, i.e., CONRAIL, etc., have operational rights on this Rail Branch Line that travels at 40
MPH
19. Based on the existing roadway alignment and Crossing conditions including traveling along the
Two-Way direction on McClellan Avenue, the BSRES’s Diagnostic Team Leader determined that
the sight distance on the Northbound and Southbound approaches were clear and without any
obstruction to the At-Grade Crossing as well as the Railroad Advance Warning Devices.
20. While approaching the At-Grade Crossing, the vehicle sight distance at the Railroad Stop Bars to
the approaching Train were clear and without any obstruction.
21. On Wednesday, the 27
th
of October 2021, the Team discussed the proposal for Full Removal and/or
Elimination of the At-Grade Crossing that involves closure of the roadway at the At-Grade
Crossing. The roadway approaches to the At-Grade Crossing will be removed and the appropriate
signs and object markers shall be placed at the roadway end and/or at the NJ TRANSIT’s Right-
of-Way boundary line in accordance with MUTCD Section 2C.66 & MUTCD Section 8A.05 Grade
Crossing Elimination. The rail track surface shall be removed as well as the Active Railroad
Warning Devices. McClellan Avenue travel way and roadway will be close to vehicular and
pedestrian traffic on both approaches indefinitely.
22. During the Meeting, the Borough of Berlin’s Deputy Fire Chief and the Superintendent of DPW,
expressed the Borough’s opposition to the McClellan Avenue At-Grade Crossing CR.
#586048W Elimination / Removal & Full Closure. The Representatives from the Borough
advised the Team that the closure will have impacts to their emergency service response time and
NJDOT Railroad Engineering MEMORANDUM OF RECORD (“MOR”)
DOCKET # 14-2022CM – McClellan Avenue At-Grade Railroad Crossing (CR) USDOT #586048W
Borough of Berlin, Camden County, New Jersey
Page 9 of 15
addressed other concerns regarding the community access to the Crossing. The BSRES
Representative acknowledged the objection and concerns and informed the Borough’s
Representatives that justification should be submitted to the Department for further review.
23. Prior to concluding the DTM, the BSRES advised the Team that a Memorandum of Record
(MOR) for the McClellan Avenue At-Grade Railroad Crossing DTM will be distributed to those
invited in the October 13
th
& 15
th
of 2021 Initiation of Proceedings and the October 27
th
, 2021
Diagnostic Team Meeting attendees. The public will be noticed in local newspapers or
publications. Unless a meritorious objection to the recommendations is advanced by any of the
interested parties or by members of the general public, the matter will be submitted to the
Commissioner of the New Jersey Department of Transportation for her final determination. In
addition, BSRES advised that Meritorious Objections received will be submitted to the
Department’s Exception Review Committee to determine further action upon the receipt of the
issuance of the Department’s BSRES MOR.
24. Concluding the Team’s discussion, the Team conversed about the objection / concerns, the
proposed scope and limit of work involved in this McClellan Avenue At-Grade Crossing CR.
#586048W Elimination / Removal & Full Closure and other important attributes to the Crossing
regarding safety measures. BSRES informed the Team that the Departments procedure for the
McClellan Avenue At-Grade Crossing CR. #586048W Elimination / Removal & Full Closure will
remain in effect.
BSRES also advised the Team that once the Official Memorandum of Record (MOR) has been
issued, the 30-day public comment period has begun, submission of justification showing that
McClellan Avenue is not a candidate for closure, and any/or all meritorious objections and
comments received will be submitted to the Department’s Exception Review Committee to
determine further action. Submitted justifications shall address and provide detailed analysis
for the Emergency Services Response time impacts, School Bus Route impacts, and Traffic
impacts to the area.
25. On November 1
st
, 2021, BSRES started to receive multiply email correspondences regarding this
matter. BSRES forwarded the following response addressing each individual ~ The New Jersey
Department of Transportation’s (hereinafter “NJDOT” or the “Department”) Bureau of
Structural & Railroad Engineering Services (“BSRES”) received your comments / objection
regarding the proposed McClellan Avenue At-Grade Crossing Elimination / Removal & Full
Closure. Please be advised that the NJDOT BSRES Unit acknowledges the receipt of your
comments / objection. The response also included a brief explanation regarding the matter.
26. On the 13
th
of December 2021, BSRES received an email correspondence from the Borough of
Berlin. Attached to the correspondence was a copy of Resolution 2021:165 of the Mayor and
Council of the Borough of Berlin, County of Camden for review. Additionally, a copy of a Traffic
Study of McClellan Avenue prepared by Pennoni Associates labeled “Traffic Study, Closing of
McClellan Avenue At-Grade Crossing, Berlin Borough, Camden County, New Jersey, dated
December 2021, prepared for Borough of Berlin by Pennoni Associates” was attached.
NJDOT Railroad Engineering MEMORANDUM OF RECORD (“MOR”)
DOCKET # 14-2022CM – McClellan Avenue At-Grade Railroad Crossing (CR) USDOT #586048W
Borough of Berlin, Camden County, New Jersey
Page 10 of 15
27. Please be advised that the Traffic Study submission, the multiply email correspondences
mentioned in paragraph 25, and other Resolutions received from Berlin Borough Board of
Education and the Mayor regarding this matter will be submitted to the Department’s Exception
Review Committee for discussion and to determine further action. Once this Official
Memorandum of Record (MOR) has been issued and the 30-day public comment period has begun,
submission of additional justification showing that McClellan Avenue is not a candidate for
closure, and any/or all meritorious objections and comments received will also be submitted to the
Department’s Exception Review Committee for discussion and to determine further action.
28. Please see the following Diagnostic Team Recommendations for each Quadrant involved with the
proposed McClellan Avenue At-Grade Crossing CR. #586048W Elimination / Removal &
Full Closure specified in the findings below, on pages 11 thru 15, as well as the Quadrant
descriptions depicted in Figure 15A.
DIAGNOSTIC TEAM RECOMMENDATIONS
A. NEW JERSEY TRANSIT RAIL OPERATIONS, INC. “NJ TRANSIT” (RAILROAD)
SHALL:
General
1. Remove ALL existing Railroad Active Warning Devices with supporting Mast and
Foundations on the Northwest, Northeast, and the Southeast Quadrants of CR# 586048W.
More Specifically, remove all vestiges associated with the McClellan Avenue Railroad-
Highway At-Grade Crossing. Those vestiges shall include, crossbucks (MUTCD R15-1),
automatic flashing lights, audible bells, masts and foundations, crossing surface, asphalt
approaches, and railroad circuitry-signal & equipment house with associated power drop
utility pole.
2. Remove the existing rubber style Crossing Surface and all associated aspects of the current
surface, including the railroad rails and ties and existing asphalt approaches to the Crossing.
3. Install new Railroad Track Rails and Ties and Tamper (Tamp) the approaching rails/track
approaches on both sides of the Crossing. The distance shall be deemed as an in-field/on-
site determination to incorporate a smooth transition and proper alignment of the track.
4. Install Typical Type 4 End of Road Markers MUTCD OM4-1 (18” x 18” – Red on Red
with nine (9) Red Reflectors) on both approaches of the At-Grade Crossing in accordance
with (Section 3C-4) of the Manual on Uniform Traffic Control Devices (MUTCD).
5. Install U-Channel Post mounted “NO TRESPASSING” Signs on both approaches on
McClellan Avenue.
6. Install “NO OUTLET” (MUTCD W14-2) Signs on both approaches on McClellan Avenue.
NJDOT Railroad Engineering MEMORANDUM OF RECORD (“MOR”)
DOCKET # 14-2022CM – McClellan Avenue At-Grade Railroad Crossing (CR) USDOT #586048W
Borough of Berlin, Camden County, New Jersey
Page 11 of 15
7. Install / Erect chain link fencing and guide rail with a vegetated tree line along the Railroads
R.O.W. on both North & South approaches to obstruct motor vehicle and pedestrian traffic.
The chain link fence shall meet the footprint of the existing fencing on both approaches
(North & South). Install / Erect guide rail at the end of roadway in front of chain link fence.
8. Make a fifteen-thousand-dollar $15,000.00 incentive payment to the Borough of Berlin for
the agreement to close McClellan Avenue At-Grade Crossing. The amount of seventy-five
hundred dollars ($7,500.00) from both NJDOT and NJ TRANSIT will be payable to the
Borough of Berlin upon the closure of the McClellan Avenue At-Grade Crossing. The
incentive payment for the McClellan Avenue At-Grade Crossing CR. #586048W
Closure shall be allocated only to future roadway / street / transportation safety
improvements within the Berlin Borough, Camden County, State of New Jersey.
9. NJ TRANSIT shall Complete the appropriate Highway-Rail Crossing Inventory Reporting
documentation/notification of crossing closure for submission to the Federal Railroad
Administration in accordance with 49 CFR 234.
10. NJ TRANSIT shall provide a signed and dated “Contractor’s Certificate of Compliance
– Items Containing Steel & Iron”, NJDOT Form DC-17RR (12/2020) ~ For Compliance
with the "Buy America" Provision ~ NJDOT Standard Specification 106.03 & 106.07
and 23 CFR 635.109 & 635.410. The form shall be completed with the Contractor's
Statement of Certification section marked as “No Iron/Steel Used in This Project”.
Nonetheless, for the first construction invoice to be processed, the Bureau of Railroad
Engineering Services “BSRES” must have the “Contractor’s Certificate of Compliance”,
NJDOT Form DC-17RR (12/2020) for acceptance and approval.
11. Upon Completion of all construction of McClellan Avenue At-Grade Crossing CR.
#586048W Elimination / Removal & Full Closure Project and for the purposes of Project
Closeout, NJ TRANSIT shall provide a “Statement of Certification” specifying, “the
Railroad certifies that all materials received meet or exceed the applicable A.R.E.M.A. and
N.J.D.O.T. Standards and all work has been completed to the satisfaction of N.J.D.O.T.”
This project is paid in full, if applicable at the time of letter.
12. Upon approval of the appropriate documents and associated funding the State of New
Jersey shall reimburse NJ TRANSIT for costs incurred to implement the recommendation
to the railroad warning devices.
13. The Department’s BSRES Diagnostic Team always reserves the right to reconvene if these
Railroad Traffic Control Devices, Advanced Warning Devices, Roadway Approaches, and
Crossing Surfaces are not adequate for safety.
14. Upon Completion of the McClellan Avenue At-Grade Crossing CR. #586048W
Elimination / Removal & Full Closure NJDOT’s BSRES Unit will send out Notification
of Project Closeout, at which time, New Jersey Transit Rail Operations, Inc., “NJ
TRANSIT” has forty-five (45) calendar days to submit FINAL invoices, if any.
NJDOT Railroad Engineering MEMORANDUM OF RECORD (“MOR”)
DOCKET # 14-2022CM – McClellan Avenue At-Grade Railroad Crossing (CR) USDOT #586048W
Borough of Berlin, Camden County, New Jersey
Page 12 of 15
No invoices will be accepted after the 45
th
day notification period. Please be advised that
NO INVOICE(S) WILL BE PROCESSED AFTER THE FEDERAL PROJECT END
DATE.
*The Railroad Project End Date Compiles with NJDOT Policy & Procedure #365 “Determining
the Federal Project End Date on Federally Funded Projects:
• Railroad Construction – Scope of Work/Directive in ORDER. Two (2) Years from the
issuance of the Effective Signed Commissioner’s ORDER Date.
• Final Acceptance – Inspection/Corrective Action/Compliance. *Six (6) Months from
Construction End Date
• Final Voucher – Railroad Statement of Certification, Railroad Final Invoice. *Three (3)
Months from end of Final Acceptance period.
(Figure 15A)
Northwest (NW) Quadrant
1. Remove the existing Active Railroad Automatic Vehicular Roadway Gate Warning Device
with Mast and Foundation affixed with a mechanical railroad bell and post-mounted Back-
to-Back twelve-inch (12”) incandescent bulb flashing-Light signals on the supporting Mast
directed/situated towards the Northbound and Southbound traveled way and approach as
well as the set of post-mounted twelve-inch (12”) incandescent bulb flashing-Light signals
facing towards Atlantic Avenue intersection and approach.
NJDOT Railroad Engineering MEMORANDUM OF RECORD (“MOR”)
DOCKET # 14-2022CM – McClellan Avenue At-Grade Railroad Crossing (CR) USDOT #586048W
Borough of Berlin, Camden County, New Jersey
Page 13 of 15
2. Remove the single-faced Railroad Crossing Crossbuck Sign (MUTCD R15-1)
directed/situated towards the southbound traveled way and approach.
3. Remove the existing Railroad Circuitry-Signal & Equipment House and signal box and
associated power utility pole.
4. Remove the existing MUTCD (I-13) Emergency Notification Sign (ENS) for Crossing
Identification & Emergency number.
Southeast (SE) Quadrant
5. Remove the existing Active Railroad Automatic Vehicular Roadway Gate Warning Device
with Mast and Foundation affixed with a mechanical railroad bell and post-mounted Back-
to-Back twelve-inch (12”) incandescent bulb flashing-Light signals on the supporting Mast
directed/situated towards the Northbound and Southbound traveled way and approach.
6. Remove the single-faced Railroad Crossing Crossbuck Sign (MUTCD R15-1)
directed/situated towards the northbound traveled way and approach.
7. Remove the existing MUTCD (I-13) Emergency Notification Sign (ENS) for Crossing
Identification & Emergency number.
8. Remove the existing erected guide rail within this quadrant at the intersection of Hamilton
Avenue and McClellan Avenue.
Northeast (NE) Quadrant
9. Remove the existing Active Stand-Alone Railroad Automatic Pedestrian Gate Warning
Device with Mast and Foundation.
Southwest (SW) Quadrant
10. Remove the existing erected guide rail within this quadrant on McClellan Avenue.
B. BOROUGH OF BERLIN SHALL:
1. Receive a fifteen-thousand-dollar $15,000.00 incentive payment for the agreement to close
McClellan Avenue At-Grade Crossing. The amount of seventy-five hundred dollars
($7,500.00) from both NJDOT and NJ TRANSIT will be payable to the Borough of Berlin
upon the closure of the McClellan Avenue At-Grade Crossing. The incentive payment for
the McClellan Avenue At-Grade Crossing CR. #586048W Closure shall be allocated
only to future roadway / street / transportation safety improvements within the Berlin
Borough, Camden County, State of New Jersey.
NJDOT Railroad Engineering MEMORANDUM OF RECORD (“MOR”)
DOCKET # 14-2022CM – McClellan Avenue At-Grade Railroad Crossing (CR) USDOT #586048W
Borough of Berlin, Camden County, New Jersey
Page 14 of 15
2. Remove ALL Advance Railroad Pavement Markings and associated Traffic Markings &
Striping, Railroad Stop Bars/Lines, and the Advanced Railroad Warning Signs (MUTCD
W10-1) on both approaches to the At-Grade Crossing as well as the Advanced Railroad
Warning Signs (MUTCD W10-4L & W10-4R) on the paralleling streets (Atlantic Avenue
& Hamilton Avenue) in accordance with the Manual on Uniform Traffic Control Devices
(MUTCD). Roadway Signage and Advance Railroad Pavement Markings shall be no
longer required with the change in the roadway network.
3. Implement Communication as a public notice and/or an alert (digital and/or newspaper)
announcing McClellan Avenue At-Grade Crossing Closure. The alert shall notify the
motoring public and pedestrians of the proposed closure and a No Outlet Status within two
(2) weeks prior to commencement of work activities.
C. INCLUSIVE:
1. Please be advised that ALL Railroad Pavement Markings, Railroad Stop Bars/Lines, and
Traffic Stripping shall be in compliance and installed in accordance with the MANUAL
ON UNIFORM TRAFFIC CONTROL DEVICES (MUTCD) on each approach of the at-
grade crossing. (“MUTCD”).
2. Appropriate maintenance of traffic (detour) and traffic controls for trains, vehicles, and
pedestrians affected by this work at the Crossing are to be established prior to
commencement of any work on site.
3. The Department’s BSRES Diagnostic Team always reserves the right to reconvene if these
Railroad Traffic Control Devices, Advanced Warning Devices, Roadway Approaches, and
Crossing Surfaces are not adequate for safety.
4. All work associated with this matter SHALL be subject to final acceptance by New Jersey’s
Department of Transportation’s Bureau of Structural and Railroad Engineering Services
Unit (“BSRES”).
5. The work described above should be completed within two (2) years upon the issuance of
an ORDER signed by the Commissioner. This completion date will be included in the
pending ORDER that will be issued by the New Jersey Department of Transportation.
6. The Department’s BSRES Diagnostic Team always reserves the right to reconvene if these
railroad traffic control devices advanced warning devices, roadway approaches, and
crossing surfaces are not adequate for safety.
NJDOT Railroad Engineering MEMORANDUM OF RECORD (“MOR”)
DOCKET # 14-2022CM – McClellan Avenue At-Grade Railroad Crossing (CR) USDOT #586048W
Borough of Berlin, Camden County, New Jersey
Page 15 of 15
This Memorandum of Record will be distributed to those invited in the Initiation of Proceedings and the
Diagnostic Team Meeting attendees. The public will be noticed in local newspapers or publications.
Unless a meritorious objection to the recommendations is advanced by any of the interested parties or by
members of the general public, the matter will be submitted to the Commissioner of the New Jersey
Department of Transportation for her final determination. Anyone NOT in accord with these provisions
MUST reply in writing within (30) days from the receipt of this Memorandum of Record. Failure to
respond will be taken as Acceptance.
All Objections received will be submitted to the Department’s Exception Review Committee to
determine further action.
Any Questions and/or objections concerning this matter should be directed to:
Dwayne R. Snead Sr., Diagnostic Team Leader/Senior Engineer
Office Phone: (609) 963-1300 | Mobile Phone: (609) 462-1733 | Office Fax: (609) 530-2704
Bureau of Structural & Railroad Engineering Services (BSRES)
State of New Jersey, Department of Transportation (NJDOT) - Engineering & Operations Building
1035 Parkway Avenue, PO Box 600, Trenton, NJ 08625-0600
[email protected]
Signature: _________________________________ Date: ___________________
Dwayne R. Snead Sr.
Diagnostic Team Leader/Senior Engineer
1/07/2022