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Peekskill Hollow Retaining Wall Still Awaiting Solution
DEC says work must be completed by September 30 to avoid spawning season
by Edward Paul Greiff
 | | The collapsing retaining wall by Peekskill Hollow Brook that needs to be replaced. |
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When you have town officials from two municipalities, several engineers, several attorneys, NYSEG, and the New York State Department of Environmental Conservation all expressing their recommendations as to how the collapsing retaining wall at #2 Peekskill Hollow Road should be repaired, it is understandable that the situation would be somewhat chaotic.
In an interview with Mr. George Hertzel, owner of the business located on that property, on Saturday, August 16, 2008, Mr. Hertzel said he had everything under control and should have the financing in place by this week, allowing his contractor to begin the project. He said he tried to get grants for doing the work but was not successful.
Hertzel told the PCN&R that he is in touch with DEC on a daily basis and has filed for the necessary permits to do the work and should be receiving them shortly. Mr. Hertzel's engineer's and contractor's plan involves installing a tapered retaining wall that is approximately four to six feet wide and eight feet tall, and will run the whole length of his building starting from the spot where the existing wall is collapsing. By taking this approach, he has been able to reduce the cost of the project from over $200,000 to just under $100,000 and there would be no need to demolish his garage. He also said that the new retaining wall would be considerably stronger than others being proposed.
Another problem with the situation that needed resolution was a NYSEG telephone/electric pole that is adjacent to the collapsing wall and needs to be removed and the electricity rerouted. Mr. Hertzel said he has been in touch with NYSEG and they have already started on planning how they will proceed to remove the pole.
In anticipation of the work beginning, Mr. Hertzel said he has been removing some of the dead brush from the Peekskill Hollow Brook.
Hertzel said it is important that the work begin as soon as possible because the DEC has another restriction it is imposing upon any contractor. The DEC says that all work must be completed by September 30. No activity will be permitted in the brook after that date because that is the beginning of the fish spawning season.
George Hertzel smiled and with a twinkle in his eye said he hopes to still be friends with the town and neighbors and maybe share a cup of hot cocoa at this year's Holiday Tree Lighting Ceremony.
Meanwhile, the Putnam Valley Supervisor held a second emergency meeting on Wednesday, August 13, 2008 to obtain approval from the Town Board to pursue obtaining a $300,000 Bond should the Town have to take over the repair of the retaining wall. The first bond application was rejected because it was not on the correct form. It seems the bonding company requires the bond application to be completed on a specific application form, and once completed it will take anywhere from two weeks to thirty days to be approved and funds made available. The Town Board unanimously approved the action.
Supervisor Tendy reiterated his position that the collapsing wall is an emergency situation and as such the Town has the right to proceed to do the work without a DEC permit, and if the Town has to pay a fine they will deal with that afterwards.
Putnam Valley's Code Enforcement Officer, Irv Sevelowitz, said he has been informing contractors that bid on the job that the work must not deviate from the scope of work prepared by Todd Atkinson and Folchetti Engineers that is attached to the bid request and that all work must be completed within three weeks from when they start. He said the Town will probably have to give the contractor a DEC waiver so they can proceed but the Town has filed for DEC permits and is waiting for their arrival.
The Town's approach to the work to be done calls for the demolition of the rear portion of Mr. Hertzel's garage so they can get the equipment in place to do the job. This is an approach that Mr. Hertzel's engineers do not agree with. Another difference, according to Mr. Hertzel, is that the DEC does not agree that this work is an emergency since the wall has been standing for some time and has not collapsed. He also said that the DEC expects contractors to have the necessary work permits before they start.
Meanwhile the City of Peekskill waits and watches to make sure their drinking water supply for 30,000 residents does not become contaminated.
It appears that the start of this project is waiting upon Mr. Hertzel's financing, the Town's Bond application, DEC permits, NYSEG relocating the electric pole, and the selection of a contractor, and all of this to be completed before the fish begin their annual spawn starting September 30.
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