Photo by Howard Owens.
James Pontillo, owner of the former Odd Fellows Hall in Stafford, located at 6177 Main Road, in the middle of the hamlet, is under court order to produce architectural plans drawn up by an engineer for renovations of the building along with proof of the financial means to complete the project.
The court order, signed by Judge Diane Y. Devlin, Genesee County Supreme Court, is similar to multiple demands made by officials in the town of Stafford over the past decade.
Photo by Howard Owens.
The deadline for Pontillo to produced plans was Oct. 3, but the court appearance scheduled that day was canceled because one of the attorneys in the case couldn't appear. It's unknown if he met that deadline. He has until Oct. 17 to provide proof that he can afford to complete the project.
The Odd Fellows Hall was built in 1890. It is 5,978 square feet. Pontillo acquired it at auction for $40,000 from Terry Platt in December 2010.
Since then, Pontillo has seemingly struggled to remodel and restore the building. He's often pointed to the town of Stafford officials as obstructionists. Town officials have prodded him repeatedly over the past decade to submit remodeling plans in order to obtain building permits and to bring the building up to code. There have also been questions about his financial ability to complete any effort to bring the building up to code.
At times, Pontillo has also complained that the owners of a neighboring property also hinder his ability to complete exterior work requested by the town.
As early as December 2010, town officials noted Pontillo's lack of follow-through on presenting plans to the town, according to public records obtained by The Batavian through a Freedom of Information Law request filed with the town.
On at least four occasions, code enforcement officers have issued notices of code violations with orders to correct those violations. Pontillo's efforts to comply with those orders often seem to be incomplete.
There have been issues with the roof, the exterior covering of the building, electrical boxes, and fire protection measures.
In 2017, code enforcement officers determined the building had numerous deficiencies making the building "clearly unsafe,” that it was "neglected,” that it presented a "threat to life and safety,” and it was unfit for habitation.
That was until at least June 2017, when an inspector from Pathstone informed Pontillo that an apartment did not meet HUD quality standards and would not be eligible for Section 8 assistance if the deficiencies were not cured within 24 hours.
On Aug. 10, 2017, the building was posted with a "not to be occupied" placard.
On at least three occasions, Pontillo was informed by the town that he needed to submit renovation plans completed by a licensed engineer in order to receive a building permit.
At a town board meeting on Sept. 12, 2016, town officials complained that Pontillo was doing work in the building without obtaining the proper permits.
Photo by Howard Owens.
After obtaining the building, Pontillo seemed to have lofty plans for it. In 2016, he told The Batavian he was planning to completely restore the building and open a quality pizza restaurant. To that end, he had already installed large pizza ovens along with other kitchen equipment. He also had ambitious plans to remodel the upstairs apartments.
Those plans have seemed to go nowhere and the building has fallen further into disrepair.
In July, the town filed a lawsuit against Pontillo. The proposed order submitted by attorney David Roach, representing Stafford, was for Pontillo to provide proof he can afford to complete work in the building and provide documents on the scope of the project.
Devlin's order, filed on Sept. 5, is more specific.
By Oct. 3, Pontillo was ordered to "provide to Plaintiff the scope of the project (project objectives; project schedule; and project budget for construction work on the building located at 6177 E. Main Road, Stafford, New York) as prepared by Matthew Hume or another licensed architect or professional engineer."
By Oct. 17, Pontillo was ordered to "provide to Plaintiff documented proof that defendant has the financial resources (e.g line of credit statement; loan approval statement; financial account statement) to complete the scope of the project."
All parties are scheduled for their next court appearance on Oct. 17.
It's unclear what will happen if Pontillo doesn't comply with the court order.
In a memo to the Stafford town board on Aug. 17, then-town attorney Mark Boylan intimated that the town could be on the hook for a significant expense to either bring the building up to code or demolish it. Those costs might not be recovered at auction. Such an auction could only take place if Pontillo fell sufficiently behind in taxes for the county to foreclose on the property or if he deeded the property -- for free -- to the town. The cost of demolition could be significant if any environmental hazards were discovered on the property.
Photo by Howard Owens.
