Cheswick officials weigh options after railroad crossing is deemed private

Cheswick officials would like to see some sort of warning lights, gates or signals at a railroad crossing at Pittsburgh and Blockdale streets that has been the scene of several crashes.

They are considering what actions they can take after learning the railroad crossing is considered private property, owned by Norfolk Southern, which limits their options.

Borough Engineer Matt Pitsch told council this month there are no public records indicating the crossing is public property. Because of its private status, the Pennsylvania Public Utility Commission has no involvement or say on any safety measures being installed.

If any parties — state, county or local entities — disagree with the status, a request to have the railroad crossing designated as public can be made. Private owners on the river side of the railroad crossing can submit a petition to be considered by the PUC to make it public, Pitsch said.

“If everything aligns, the status change could happen in six months or more,” he said.

Contacted Wednesday, a PUC spokesperson said the agency had no comment. Norfolk Southern officials did not respond to calls for comment.

A meeting was held this month involving Cheswick, PennDOT, Norfolk Southern and the PUC to reexamine the status of the railroad crossing.

During the July 19 council meeting, Pitsch said another alternative discussed was trying to realign the crossing on Blockdale Street to avoid making a harsh 90-degree turn if a grant to pay for the work could be found.

Pitsch said the PUC is not opposed to putting in safety devices, such as signals and gates, but said grant money would not be provided unless it is declared a public crossing. Pitsch said a similar project by PennDOT cost $250,000 just for the gates.

“It is very expensive and requires monthly inspections,” he said.

Pitsch said the advantages of making the crossing public were being scrutinized. The liabilities would have to be considered, too.

If the railroad became public, Norfolk Southern would be responsible for the inspections, including the asphalt between the rails and 2 feet outside the rails.

Councilman Frank Meledandri favors making the railroad crossing public but asked if there was a way to do it while protecting the borough from financial and safety liabilities — particularly if safety measures are not installed.

He suggested adding a light to warn people about the crossing.

“I just feel bad,” he said. “In all my years on council, there’s been a lot of accidents at that crossing. We have done everything we can.”

Over the years, there have been discussions about installing safety measures after multiple incidents of vehicles getting hit at the crossing:

In May 2019, a Norfolk train struck a tractor-trailer, sending it into the front wall of an apartment building.

In May 2020, two people were hurt when a train clipped their van.

The most recent incident involves an Easton truck driver, who died in an August 2020 crash with a train. His estate is suing Norfolk Southern for $50 million, alleging the company’s negligence resulted in the man’s death.

The collision occurred about 5:20 a.m. Aug. 20, 2020. Allegheny County Police said David Nezekiah Howell, 55, was in the process of crossing the tracks when he noticed a train coming and tried to back up.

The collision appeared to push the tractor-trailer into the corner of a building. The smashed cab appeared to have been spun into the back of the building.

According to the lawsuit, as Howell got stuck while attempting to make a sharp left turn, a mile-long, coal-filled train approached. The lawsuit notes there were no flashing lights, crossing arms or alarms at the crossing to notify Howell of the train.

The lawsuit alleges Norfolk Southern did nothing to improve the safety of the crossing despite concerns from the Cheswick community, government officials and an “obvious risk to human life.”

In 2005, the railroad crossing was deemed to be private, Councilman Michael Girardi said, meaning Cheswick officials were unable to take action to improve it.

Cheswick officials said they will look over their options with insurance and liability costs. If the borough were to classify the crossing as public, Girardi said, an ordinance would be adopted but, until then, the borough is not in a position to take action.

“We can bring it to the county’s attention to see if they can make it a public county road,” he said.

Allegheny County spokesperson Amie Downs said the county reviews requests to determine whether they can assist municipalities, but they are not able to comment further without seeing the request and determining whether the county has a role in the process.