Lake Peekskill Septic Issue Update

Another administrative hearing took place at the Putnam County Department of Health yesterday regarding septic issues at 64 Lake Drive in Lake Peekskill. Eileen Myers, a partner of Jemab Family Limited Partnership, which owns the property, attended along with Jemab's attorney Heath Gurinsky. Seven members of the county's health department, including its public health director, were present. Putnam Valley's code enforcement officer Richard Quaglietta and his assistant were also at the meeting as observers.

The hearing initially focused on the four most recent violations on the property, with Gurinsky saying they were denying those charges. When Administrative Law Judge Eric Zaidins pointed out that they had previously admitted to seven violations on the property that were "essentially the same" as the new ones, Gurinsky asked if he could change their position and deny the previous charges as well. The judge said that they could. In addition to denying the violations on 64 Lake Drive, Gurinsky denied similar violations on 62 and 66 Lake Drive, which are also owned by Jemab.

The next step is a formal hearing on all three properties which was tentatively scheduled for the afternoon of June 3rd. Judge Zaidins said he wanted to make sure that Myers and Gurinsky understood that in a formal hearing, the Health Department's determinations are treated as prima facie evidence, in other words, they are presumed to be facts. "If you've got a legal defense, great," said Judge Zaidins. "If you don't, it's going to be more difficult."

The judge further explained that the fine for these violations is $2,000 apiece and that if Jemab loses its case in a formal hearing it would incur the maximum fine. On the other hand, if they admit to the violations and can work out a resolution with the Health Department, it would open up the possibility that the fine could be reduced. Judge Zaidins encouraged Gurinsky to "talk to the Law Department attorney to see what you can work out."

Much of the hearing was devoted to a discussion about keeping 64 Lake Drive vacant until the situation could be resolved. Myers said there were two adults and a child who had been living in the house on and off for the last eight months. The county asked Gurinsky to sign a stipulation that his client would ensure that the tenant leaves within 30 days and that the house would remain vacant until such time as the matter is resolved.

If you're not already a subscriber but would like to receive future stories, please click on the subscribe button at watchingputnamvalley.com and provide your email address. If you have ideas for future stories or want to provide feedback, please send an email to watchingputnamvalley@gmail.com.