The Planning and Natural Resources Department cut $1,500 off Denis Bay Properties’ $10,500 fine because it turned out the company had the required earth change permit for work on the road constructed during the building of the company’s mega house in Susannaberg.
Planning’s building permits director, Bevan Smith, said Tuesday that Denis Bay’s failure to get a permit for moving earth on adjacent V.I. National Park property complicated the matter but it turned out that the company didn’t need a permit for working on park property because it wasn’t allowed to do so anyway.
Smith said Denis Bay’s owner, New York-based architect and interior designer Tony Ingrao, was supposed to pay the fine by Aug. 20. However, Smith said after he visited the site on Aug. 20 because he happened to be in the area, he saw that the work being done was limited to mitigation.
“Sand bags, silt fencing and straw bales,” Smith said.
After he reminded the workers at the construction site that the fine was due that day, he said he heard from Denis Bay’s attorney the next day asking for a meeting on the matter. When the problem with the road earth change permit was discovered, Smith said DPNR decided to reissue the notice of violation. He said he expects DPNR’s Enforcement Division to deliver it Wednesday. Denis Bay will then have 30 days to pay the fine.
Smith said Ingrao and Denis Bay are cooperating with the department to resolve the matter.
According to the notice of violation from DPNR written on July 18, Ingrao had excavations on two parcels of adjacent park property without a permit. Additionally an excavation exceeded the scope specified on his building permit because it was altered or elevated not in accordance with approved plans.
Then Ingrao built a mechanical /electrical room on one of the parcels.
The notice indicates that Ingrao constructed a gabion and boulder retaining wall that wasn’t on the approved plan.
Lastly Ingrao got fined for “excavations affecting adjoining properties.”