Times Square project continues after stop order
A stop work order at a remodeling project in Times Square has been lifted now that a new contractor is on board and progress has continued for an expected, soon-to-be-opened business at 1028 Estero Blvd.
On April 23, Town officials issued a stop work order on all non-licensed trade work being performed at the former Top O’ Mast Lounge building when Cobia Construction LLC withdrew from the job. According to Town records, the former contractor, which was involved in construction work that did not include plumbing, electrical, mechanical and fire, “removed themselves” from the project. Lee County Building Official Bobby Stewart recommended the stop order, and the notice stated “construction has been inspected and is in violation of the Florida Building Code.”
The work permit was to remain on “hold” until further documentation was presented to Town officials. Town Development Services Manager Belinda Smith confirmed such documentation was provided late last week.
“The application was received on Friday, May 1st,” she informed. MDS Builders, Inc. was noted to be the new contractor.
Developer Joe Orlandini stated his partner Terry Persaud and Cobia Construction decided to “part ways” when both parties didn’t see eye to eye.
MDS Builders, Inc. is in the process of completing the construction work on the building. Orlandini said a request for final building inspection should come within two weeks if all goes well.
Once open, the business will be called Sunset Beach Tropical Grill and Playmore Tiki Bar. Fresh Catch Bistro owner Alfredo Russo will operate the “family-style” restaurant, and the establishment is expected to have a similar menu to the bistro.
At recent Fort Myers Beach Town Council meetings, some residents expressed dismay over what they thought was a construction violation regarding the 50-percent rule on that property. Department of Environmental Protection permitting was in question.
“The permit from the DEP was not what it was supposed to be for the original deck,” said Orlandini, who explained a Phase 1 and Phase 2 process was designed originally. “Initially, we were only going to fix the back deck. When we were going through the process of getting the 50 percent rule stuff completed, they said the back deck and bar were attached because of a plumbing pipe. We were initially going to separate the back deck with a one-inch space and make it a different structure. That didn’t work because the plumbing pipe was attaching the deck outside to the inside.”
Once the deck was placed into the 50-percent rule, a revision for the DEP permit was needed.
“The DEP consultant did it as an ‘as-built’ and revised the permit. He told us we could do the revision after,” Orlandini said. “When people complained, (DEP) told us to do the work now.”
The developer said work was allowed due to life and safety code issues.
“That allowed us to fix things in a certain way that was not allocated for the 50 percent rule,” he said.
“We sat with every person involved in the decision-making process, and had extensive meetings to sort out everything.”
Town Principal Planner Matt Noble confirmed that the applicant is working with DEP on certain options to bring the structure into compliance. He explained that not all improvements count toward the 50 percent rule, such as for issues related to safety, fire and maintenance, and that a life safety code could apply. He also stated that the survey indicates the new deck is landward of the 1978 Coastal Construction Control Line.
Renovation work on the property building began almost immediately after Persaud Property FL Investments, LLC purchased the property from longtime owner Steve Strauss in August 2014. The sale occurred within 24 hours of its listing, and the Top O’Mast Lounge closed its doors after reportedly being open for more than 40 years.
The investment group originally targeted a Dec. 1, 2014 opening. During an August interview, Orlandini stated that no tear down and rebuild would take place, and the parking lot would remain operational to allow Beach goers a place to park there for a fee.
After the legal processes and construction is completed, Orlandini hopes the business will open soon after. The building has sets of sliding doors on the beachfront side of the building, and a fire sprinkler system was installed indoors.
“We’re really trying to think out as much as we can do to make it as nice as we can possibly make it for Times Square,” he said.