Section 95. Proceedings by commissioner of transportation for alteration of existing crossings

The  commissioner  of  transportation  may,  in  the
  absence of any application therefor, when in his opinion public interest
  requires  an alteration in an existing grade crossing or a change in any
  existing structure above or below grade, institute  proceedings  on  his
  own motion for any alteration in an existing grade crossing or structure
  for which a municipal corporation may petition under section ninety-one,
  upon  such notice as he shall deem reasonable, of not less than ten days
  however, to the railroad company,  the  municipal  corporation  and  the
  person  or  persons  interested,  and  proceedings shall be conducted as
  provided in section ninety-one. Notwithstanding any other  provision  of
  law  the  commissioner  of  transportation shall not, within areas which
  were  within  the  jurisdiction  of  the  transit  commission  on  March
  thirty-first,  nineteen  hundred forty-three, order the elevation of any
  railroad running longitudinally on a right-of-way in, upon  or  along  a
  street,  avenue,  highway or road without the concurrent approval of the
  local authorities of the city on which the railroad or such part thereof
  is located. The  changes  in  existing  grade  crossings  or  structures
  authorized  or required by the commissioner of transportation in any one
  year shall  be  so  distributed  and  apportioned  over  and  among  the
  railroads  and  the  municipalities  of  the  state  as  to produce such
  equality of burden  upon  them  for  their  proportionate  part  of  the
  expenses  as  herein provided for as the nature and circumstances of the
  cases before it will permit.