Rye City to Hen Island Resident: Tear Down that Wall

Hen Island Molloy's wall 048 

There goes $90,000.

In a resolution adopted last week and signed by Rye City Planner Christian Miller, the Rye City Planning Commission is requiring Joann Molloy, owner of the Molloy Cottage, one of 34 homes on Hen Island, to remove a massive 16 foot high sea wall that was built without city, state or federal permits. According to sources the wall cost over $90,000 to install and Hen Island shareholders have spent another $50,000 working to legalize the structure.

The ruling from the Planning Commission, a four page document, says in part:

"Constructing a substantial 16-foot high wall that resulted in a 230% increase in length of the existing wall and then seeking permission from the Commission after-the-fact denies the Commission the opportunity to consider alternatives as required by law and sets an undesirable precedent."

The move by the Planning Commission is a victory for Hen Island resident and Rye City agitator Ray Tartaglione. Tartaglione is behind Mr. Floatie and has been a regular at city council meetings over the last couple years. Last April, Rye City issued violations for various fire code and structural issues with homes.

Hen Island Molloy wall in progress 3 

Tartaglione told MyRye.com "In 2007 before the Otis administration started the cover-up the City issued a violation for constructing the wall without a permit. When I asked the building department in 2008 what happened to the violation issued in 2007 why wasn't the Island in court? They told me the City lost the violation. After repeated pressure from me, the city finally brought the Island to court for their actions. They were directed by the court to apply to the planning board for permits to legalize the illegal structure. Last week the planning Commission rejected the application because no one could attest to the structural integrity and safety of the wall."

Planning Commission Resolution re Molloy Cottage on Hen Island February 2, 2010

Conservation Commission Advisory Council (CC/ AC) on Molloy Cottage sea wall March 20, 2009

Ray Tartaglione Letter to Rye Planning Commission re Molloy Cottage  May 5, 2009

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9 Comments

  1. Good for the Planning Commission to do the right thing. I am not sure whether the wall was needed but the most important thing here is that some Rye citizens think they don’t have to go thru the proper channels. I am sure they don’t want to lose all the money they put into the wall but who are they to think they do not have to follow procedures. I may not have agreed with Mr. Floatie but he was right about following rules.

  2. Since when doesn’t official Rye City stonewalling (in this case about an actual stone wall) produce desired results? Permit violations? City Code violations? Nebbishee visits from those pin heads at CCAC or the bigger pin heads at SEQRA?

    Come on Ben ya flat out blew it. Don’t you know that a quiet word with City manager O. Paul Shew or Mayor Otis is all you apparently need to gum up the machine? They’ll just get busy and poof – documents apparently go missing or get erased and “litigation happens.” And Mr. Kevin Plunkett will be cashing his customarily huge taxpayer funded legal fee checks.

    Wait. What do you mean – no – that’s impossible – Mayor Otis can’t have been voted out of office by a wide margin!? What – O. Paul Shew is suing the City of Rye not running it on remote from his home in Massachusetts?! Holy crap! Someone might actually read the laws on the books and attempt to enforce them! This is very dangerous. Sets a bad precedent. Could cut Mr. Plunkett’s billings down to almost nothing.

    If that happens then Ben – my man – I’m thinkin you’re screwed…

  3. TedC:
    Along with Tim C and Floatie you’re on the list of court losers who sued either the city or county and lost. Have you paid all your bills yet? You,Tim and Ray must have the same legal counsel- Dewey,Cheatem and Howe.

  4. Our thanks and appreciation to all in the Rye city government for requiring Hen Island to adhere to Chapter 68 of the Rye city building code and Chapter 195 of the City’s wetlands laws.

    Thanks to the new administration, after years of obfuscation on the part of the wall’s owners and stonewalling (No pun intended) by the Otis faction in city government, Rye is now requiring that the Kuder Island Colony, Inc., adhere to all laws and codes.

    At https://www.HEALtheHARBOR.com, we are confident that a renewed sense of civic responsibility on the part of our new Rye City officials will be forthcoming in addressing the issues of sewage, potable water and mosquito infestations that affect not only the environment and Hen Island but Milton and Greenhaven as well.

  5. Ok Ted, now you’ve really lost it. What on God’s earth are you rambling about now?
    What are you going to do with yourself when you no longer have Steve Otis or Kevin Plunkett to blame for your unhappiness?
    Last time I looked you were implicating them in Tim Chittenden’s scandal. The time before a child being struck by a car up the block from me was their “legacy”.
    I am certain in your mind they have something to do with David Paterson and the incident in the Governor’s mansion, the underwear bomber being read his Miranda rights, and the disappearance of Jimmy Hoffa.
    Give it a rest already! There’s more to life than complain, complain, complain.
    It’s a beautiful day – try getting outside.

  6. Ahh Charmian – Twist, Smear, Demonize. The old playbook is I think running a bit cold.

    Where is it evident that I’ve expressed “unhappiness” that the new administration is following the environmental laws as written? I know it saddens you. My hope is you learn to live with new paradigm that actual laws on the actual books of Rye City are actually enforced.

    As for the old administration and their official court couriers I think the official revelations concerning the “draft” report about the non police station apparently spiked for public disclosure till post election should be enough to give pause. And this Hen Island stone wall issue is what? Another misinterpretation, misrepresentation or simple miscommunication? Far too many “misses” for me and I think a majority of the voters. Doubtless you’ll disagree and claim each an isolated, unconnected non pattern and me “disgruntled.” Frankly, I couldn’t be happier.

  7. Charmian,
    “The time before a child being struck by a car up the block from me was their “legacy”.
    Yes, Their Legacy along w/every Administration before them!!!

    Tuesday Night is the BOE/Council duo Meeting all about Pedestrian Safety.
    It will take place immediately following the BOE regular meeting, since you are a regular @ the BOE meetings and have years of Experience in the field of Traffic & Transportation I personally invite you to stay & speak on the behalf of the Safety of all the children in Rye and all who dare to cross the beloved street YOU & I live on called Midland Ave.

    Many people have supported you during the election complimenting your intelligence.

    That being so, your intelligence would be more useful elsewhere (tomorrow nights meeting) rather than dancing w/Ted on myrye!

  8. I offer everyone a challenge: Lets see if we can get through the end of February without name calling and insults. Adults acting like children really doesn’t help anyone’s cause.

    Are you up for this challenge?

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