File photo
By Mike Pettinella
For Video News Service
Attorneys for the Town of Stafford and for James Pontillo reached an agreement in Genesee County Supreme Court on Thursday afternoon that requires Pontillo to hire an architect to define the “scope” of a project to bring the 134-year-old former Stafford Trading Post into compliance with New York State uniform fire prevention code.
David Roach of DiMatteo Roach & Kelly of Warsaw, representing the town, and Pontillo and his lawyer, Chad Hummel of Rochester, appeared in front of Judge Diane Y. Devlin. The court session, which lasted only a few minutes, came after lengthy discussions outside the courtroom among the attorneys and Pontillo.
Pontillo and Stafford elected officials and code enforcement officers have been at odds for many years over the condition of the two-story building. Thursday’s action further defines what Pontillo must do before the town will give him the permits necessary to continue renovation.
During the court proceeding, Roach said a deadline of October 3 (the next scheduled court date) has been established for Pontillo to contract with a state-licensed architect – he mentioned Matthew Hume (of Batavia) – and show that he has “the scope of a project (but) not the specifications” that will make the building compliant with the fire code as well as prove that he has the resources to fund the project.
Pontillo then has until another court date – Oct. 17 – to submit a “proper design plans and a construction schedule.”
Hummel said he wished to clarify that the ruling focused solely on the fire code compliance aspect at this time.
Afterwards, Pontillo said he will be meeting with Hume in the near future.
“Once we talk with Matthew a little bit, we’ll have a little bit more detailed information, then we’ll actually be able to maybe share something after that,” he said. “That’s why we’re having the engineer come in and determine what he sees, based on the code. And the town’s not going to pay for that.”
Pontillo said he’s not sure how much it will cost.
When asked whether he may decide to sell the building now, he said, “We’ll have to kind of weigh things out and then we’ll make a decision. I think that’s kind of getting the cart before the horse.”
Town leaders recently have said they don’t want the building to be torn down, but Pontillo said he isn’t convinced.
“I would have to say, look at the actions and things that have been said in during (town board) meetings,” he said. “I think what someone says and what someone’s doing are two different things. So I look at the actions of what the town has been doing for the last 15 years.”
Previously:
https://fb.watch/s-W_YWdD3C– August 8, 2015-STAFFORD Residents upset with lengthy dispute over fence on historical property