Florida Department of Environmental Protection inspectors confirmed July 13 that work performed at 102 77th St., Holmes Beach, exceeds the permitted scope.
Protected sea oats and seagrape trees were removed as part of site preparation, along with invasive Australian pine trees, which are not included in the violation.
Spokeswoman Dee Ann Miller of the DEP said an investigation will determine if conditions of a permit for property seaward of the coastal construction control line were violated by removal of the protected vegetation.
The state probe involves a job site where a demolition permit was issued to tear down a home. The construction plans include a permit for a $24,500 pool, which is why the dune was cleared.
The probe will determine whether the beachfront clearing of the 11,600-square-foot lot was legal. If not, the owner and construction company involved could be required to remediate the property, pay a fine and face criminal charges.
The owner is Shawn Kaleta, who also owns Beach to Bay Development and other businesses and properties in Holmes Beach.
Kaleta did not return repeated calls and texts requesting comment.
DEP engineer S. Muthuswamy of the coastal construction control line program in the division of water resource management, said the property owner has “some problem with the contractor.”
The contractor is G&S Construction Services Inc., Palmetto. Repeated calls and texts for comment were not immediately returned by Gary Parks or Kelly Parks of G&S Construction.
“They mowed it really far from the control line,” Muthuswamy said. “We cannot approve more than was approved before.”
State permit ME-12222 was issued in July 2016 to Seashore of Holmes Beach LLC in the care of Brian E. Phipps of A Phipps Design Inc., 2937 Bee Ridge Road, No. 4, Sarasota. The permit allows construction to go a maximum of 201 feet seaward of the CCCL.
After investigating complaints from neighbors about the destruction of dune vegetation, Holmes Beach building official James McGuinness issued a stop-work order July 7. McGuinness said the clearance on the beachfront dramatically exceeds the permit allowance.
A red tag posted on-site commanded all work be suspended until further notice, citing destruction of a dune system and failure to comply with the DEP permit.
Holmes Beach issued multiple permits for the site, including one for a pool, a silt fence and home demolition, McGuinness said, to go with the master permit from DEP.
The Holmes Beach permits were issued to Gulf Front Paradise LLC. Principal Louis Najmy of Najmy Thompson Attorneys at Law, title manager for the property, is listed on the city permits.
The 1,398-square-foot home built in 1950 last sold in 2016 for $2.2 million.
A modification request to extend the permit boundaries was submitted June 23. It is still under consideration by the DEP. An on-site pre-construction meeting was held with the applicant June 26 to discuss the proposed modification, Miller said.
“That application remains incomplete at this time,” she said.
The initial state permit expires July 6, 2019.
