New York Times
September 9, 2007

Property Owner Suit Cites Pollution on Hen Island

One of 34 property owners on Hen Island – 26 acres of summer cottages near the Rye shoreline – is accusing the ownership corporation, Kuder Island Colony Inc., of discharging untreated water and sewage into Long Island Sound.

In a lawsuit filed in State Supreme Court in White Plains, the property owner says that the island is infested with mosquitoes, has makeshift sewage and plumbing systems that leak into the sound, and uses nonpotable water.

The owner who filed the suit, Raymond Tartaglione, a summer resident of the island, wants the problems addressed, said his lawyer, Steven H. Gaines of White Plains. Mr. Tartaglione is a former president and member of the board of the ownership corporation.

His lawsuit names the current president, Ben R. Minard, and the six board members. In a phone interview last week, Mr. Minard said the allegations in the suit were “unfounded.”

Paul Shew, Rye’s city manager, also questioned the validity of Mr. Tartaglione’s claims. Mr. Shew said no violations were found when Rye’s building inspector, along with county health and environment officials, inspected the island in July.

Terry Backer, the Long Island Soundkeeper, said his organization was assessing the situation on Hen Island and was considering whether to join Mr. Tartaglione’s lawsuit.

“There appears to be pollution going into the Sound,” Mr. Backer said, “and it’s good to see an individual taking on a group because of that.”


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