DPNR Reduces Fine for Denis Bay Construction; Interested Parties Seek Answers

The Department of Planning and Natural Resources (DPNR) reduced the fine given to the Denis Bay property owner accused of altering the area’s landscape and VI National Park land.

DPNR fined Tony Ingrao $10,500 on July 18 after determining he had violated seven provisions of the VI Building Code. Those violations included excavating and land clearing on National Park land; failure to secure an earth change permit; building without a permit; violating provisions of permits; and excavations affecting adjoining properties. Upon being fined, Ingrao was given 30 days to remit payment.

That recently changed, however, as DPNR reduced the fine by $1,000 and subsequently extended the remittance due date. According to Jamal Nielsen, DPNR Media Relations Coordinator, “fines to Ingrao were reduced because he was charged for not having an Earth Change permit which he did obtain.”

Upon being fined, Ingrao was also instructed to begin mitigation efforts to repair the roadway within 45 days. That time period has expired and it is unclear what efforts Ingrao has undertaken to adhere to the order. Nielsen shed little light on the subject saying only that, “the applicant has begun work on stabilization.” No further details were provided.

The following land survey shows the damages in question. As you can see. Ingrao appears to have cut trees down on Anne Earhart’s property, as well as on National Park Service (NPS) land. The survey also shows how a mechanical room was built on NPS land, that trees were cut down and the land cut into on NPS land, as well as the areas where the landslide and rockslide occurred. (Click the image to enlarge it.)

In the meantime, a group of interested parties released a 21-page document to News of St. John outlining what it call six years of “construction violations” with regard to the Denis Bay site. In the document, the group alleges:

• “When violation concerns were brought to DPNR’s attention in 2009, a stop work order was issued however, instead of correcting the situation, a (certificate of occupancy) was issued before concrete was complete thus ending the authority of DPNR and the need for further inspections.”
•  “While the permitted drawings have not been made available by DPNR, despite years of requests, an incomplete copy of the 2009 drawings was reviewed in consideration of work on site. It is unmistakably clear that the proposed project as drawn was well beyond the limits of almost all zoning restrictions and should have been rejected by DPNR without further review.”
• “It is unknown yet why the Department of Public Works (DPW) would approve construction within the (right of way) of Route 204 by private individuals but it is clear that DPW had no idea of what was intended based upon the drawings that were submitted. While the permitted drawings have not been made available by DPNR, a copy of the drawings (including the engineer’s seal and the DPNR approval) was reviewed in consideration with previous surveys, older photos, and recent as-built surveys. It is clear that these submitted drawings neither reflect the existing conditions before the proposed project nor do they anticipate the actual situation after construction. In fact there is great deal of information within these drawings, and the written application, that is either intentionally ‘inaccurate’ or simply inadequate for permit review let alone approval.”

The group also alleges the following zoning codes were not adhered to with regard to the residence:

• Required Parking Areas
• Permitted Density
• Permitted Lot Occupancy
• Required Lot Area
• Front Yard
• Side and Rear Yards
• Maximum Height Limit

Please click here to view the document in its entirety. 

News of St. John has reached out to Ingrao on multiple occasions. He has yet to respond.

Please click the following links to read previous News of St. John stories regarding this topic.

• DPNR Issues Notice of Violations for Denis Bay Property – July 23, 2013
• News of St. John’s Denis Bay Story Appears in NY Daily News – July 28, 2013
• Recently Fined Denis Bay Property: See For Yourself – August 6, 2013
• NPS’s Response to What’s Happening in Denis Bay – August 8, 2013