VOORHEESVILLE — Initially slated for demolition, the turn-of-the-last-century building at 112 Maple Ave., once the home to Smith’s Tavern, is being sold and will again be used as a restaurant. 

Chuck Marshall, a Stewart’s Shops real-estate representative and project manager, told The Enterprise on Thursday the building is under contract but declined to name the buyer. He did say the building will be used as a restaurant.

Marshall also declined to say the price to be paid for the 1.53-acre property, which had been listed for sale for $449,000. 

As to whether he’s happy to have the burden off of Stewart’s balance sheet, Marshall said, “No, I mean, we would have prefered to reinvest and be in the village. But that’s not the way the village saw it.”

Marshall said the recent price change had driven some prospective buyers. 

“The price change indicated a willingness to work with people, and we had multiple offers over a period of time but, over the past week, this is the most competitive offer,” he said. 

Stewart’s bought the property for $750,000 in 2017, intending to build a new shop and gas station on the site but ran into issues when the village adopted new zoning that disallowed businesses like Stewart’s to be built in that part of the village.

The property has been for sale since 2018. Marshall previously estimated the company had sunk close to $900,000 into the parcel, which at various times had been listed for sale for $799,000; $599,000; and $449,000.

The village appears likely to adapt its zoning to accommodate the new buyer. Zoning in the Creekside Commercial District, where 112 Maple Ave. is located, is a topic of discussion for the Voorheesville Board of Trustees at a Feb. 10 workshop.

 There is currently a prohibition in the Creekside Commercial District against formula-based businesses, which are businesses that “are required by contractual or other arrangements to be virtually identical to businesses in other communities because of standardized architecture, services, merchandise, decor, uniforms and the like,” according to the village, 

The village adopted a comprehensive plan in June 2018 and based its new zoning code on the plan in May 2019. The comprehensive plan, once adopted, in effect did not allow Stewart’s to build a gas station and convenience store at 112 Maple Ave. 

The comprehensive plan said that, in the Creekside Commercial District, “no ‘formula businesses’ should be allowed.” The village would have to clarify the zoning language to make it feasible for a company with multiple locations — for example, Paesan’s Pizza — or an established standalone restaurant to purchase 112 Maple Ave.