In Stafford v. Pontillo, a resolution appears to be at hand to ensure that the former Odd Fellows Hall, 6177 Main Road, meets the state code for vacant buildings.
Both parties were at the Genesee County Courthouse on Thursday to discuss the case, and David Roach, attorney for the town of Stafford, said they were in the process of negotiating a framework for bringing the building back to a state of code compliance, though not back to a condition that would allow occupancy.
"The code allows you to have a vacant building," Roach said. "But the code says if it is vacant, it still has, and this is the New York State property maintenance code, which says it still has to comply with certain conditions under varying sections of the code. So that's what we're working on right now, addressing what needs to be done under various sections of the New York property maintenance code."
James Pontillo said he still plans to restore the building, at least to the point of permitting businesses and residents to occupy it. To get there, he said he needs more cooperation from the town. In the meantime, he intends to meet the town's demands for basic code compliance.
"Some of it is aesthetics. That's part of it, the outside and stuff like that," Pontillo said. "The inside, everything was done for safety when we had tenants in that, so that hasn't changed."
There seems to be some discrepancy in understanding about whether building permits will be needed for the work Pontillo will be required to do. Pontillo told The Batavian that he won't need a building permit or architectural drawings for the work needed. Roach indicated that stamped architectural plans are required.
"Plans will still have to be submitted with a building permit application," Roach said.
The requirement for stamped architectural plans, it seems, have always been at the heart of the now decade-long conflict between Pontillo and the town over rehabilitation of the building.
In a FOIL request from The Batavian for all the documents in the town's files on the former Odd Fellow's Hall, the topic came up four times, with Pontillo being told he needed to submit stamped, engineered architectural plans to obtain a building permit. The trove of documents indicate he never submitted such plans and Roach made the same assertion.
A decade ago, Pontillo shared his ambitions for the building with The Batavian. Later, Pontillo invited The Batavian into the building to see all the kitchen equipment installed downstairs—high-end pizza ovens and other equipment—in anticipation of opening a pizza parlor.
On Thursday, Pontillo blamed the town and circumstances for the stalled restoration plans.
"There's been a lot of litigation. The town really comes across as being litigious," Pontillo said. "I think three days after I bought the building, I started having back and forth (with the town). I don't think it helps that we've had multiple clerks in that amount of time. We've got, I think, five inspectors, and (Gene) Sinclair's been in and out. That doesn't help. So when you also have attorneys, I think they've found that attorneys have changed since I've been in the community at least four times. So when you start adding all those, they have to keep on starting over. Many things get missed."
Pontillo said he did submit stamped plans for the roof replacement and that he submitted drawings for other work inside the building.
He also said he has no issue with Sinclair, who is now working with him as he remodels his personal residence at another location in the town, and he said town residents have been incredibly supportive. He said his issues seem to be with the town board.
Roach said blaming the town misses the point that Pontillo has never submitted stamped, engineered plans in order to get a building permit.
"You can look at one very objective thing. Did he ever submit architectural or stamped, engineered plans for the construction in conjunction with a building permit application?" Roach said, adding the answer is "No."
"Plans have never been stamped, engineered plans or architectural plans were never submitted," Roach said. "So to say, 'you never allowed me to do the work,' Well, you never did what you were supposed to in order for us to approve work."
Pontillo was hopeful outside the courtroom that, while he thinks the issues are with the town, they can reach an agreement so he eventually moves forward with more ambitious plans for the historic building.
"We're trying to get over these hurdles that the town has put in front of us that everybody's asking that (when he will finish), and until we know that the town's going to back off and allow us to finish and then maybe we can sit down and put that plan together," he said. "So that's why I stayed with it as a vacant building right now."
