Richard Hubbard, owner of The Brewster Inn restaurant and inn, has decided not to expand his business by purchasing two neighboring houses on Ledyard Avenue. The decision was based on the expiration of the existing purchase agreement and a failure to reach agreement on a new contract — but was also heavily influenced by the potential threat of litigation from other neighborhood residents.
“My legal team advised me we could not put in another purchase without some contingencies [which the seller rejected],” Hubbard said. “One major one was the worry of being sued — not because we couldn’t win but because of how much delay it could create.”
Hubbard said he made his decision about two weeks ago but has been waiting to make it publicly known.
Hubbard’s plan was to purchase the houses at 8 and 10 Ledyard Ave. — formerly a single-property house and carriage barn — directly next door to the Brewster Inn at 6 Ledyard Ave., and create a new Brewster Inn overnight wedding and dining venue.
The plan was created after the village began its consideration of a proposed rezoning of Ledyard Avenue to create a new Western Gateway district mixed use zone, but was not tied to the legislation, both Hubbard and Mayor Kurt Wheeler have said.
The Western Gateway law was a half-year process to change the zoning of certain land parcels on both sides of Ledyard Avenue from Route 13/Lakeland Park to the western village boundary by the Trush property to emphasize new and more potential uses for the large old homes on Ledyard Avenue as a way to prevent deterioration of those properties, to maximize land use by allowing more commercial development and to help beautify the village entranceway area overall, according to the legislation.
Numerous Ledyard Avenue residents opposed the legislation, saying it would kill the residential character of the neighborhood and turn the road into a commercial corridor. Some opponents also claimed that the zone change plan was created specifically to assist Hubbard with his plans and therefore was a case of “spot zoning,” or benefitting only a few people to the detriment of the community.
The rezoning law was unanimously approved by the village board on Sept. 2. Shortly afterward, however, Hubbard’s purchase offer with his neighbors — Warren and Priscilla Arthur — expired and the two parties could not agree on a new deal. The timeline for completing the potential sale and the necessary property renovations also would not have worked out.
“I don’t blame the Arthurs at all; they’re just trying to sell their house,” Hubbard said. “It just got to be too much.”
While the threat of litigation against the village and/or against Hubbard and the Arthurs by other Ledyard Avenue residents seeking to overturn the new law was a serious consideration, Hubbard and the Arthurs ended the deal at a time when no such litigation had been filed.
Last week, however, both Hubbard and the Arthur received a letter from local attorney Barry Schreibman who said he represented “several” of their neighbors and he was preparing to file suit in state supreme court to overturn the Western Gateway law. He advised them not to seek any special permits under the new law to undertake any site work as allowed by the law because such permits would be overturned if his clients’ litigation was successful. (See related story)
The end of the purchase deal is not an end to Hubbard’s plans to expand his business, however. He said this winter he will work to renovate, improve and “rebrand” the rooms of the inn, and next spring he plans to create an outdoor oyster bar on the property.
Hubbard said he spent a lot of time and money on the cancelled deal with his neighbors.
“I’m disappointed,” Hubbard said. “It’s not about the money I’ve spent, it’s the effort that bothers me. I feel like my marriage just broke up.”
Jason Emerson is editor of the Cazenovia Republican. He can be reached at [email protected].
