A pair of landscaping businesses in the Town of Ulster are dividing the residential neighborhood where they’re located, with some homeowners seeking more rigid application of zoning regulations and others asking for leniency.
Stars and Stripes Landscaping operates out of a home at 60 Jeanette Lane in Lake Katrine, and A&S All Seasonal Landscaping is located in a home at 35 Doris Lane. The two properties are around five minutes on foot from one another, and in addition to sharing a neighborhood, they also exist in an R-30 Residential District. Town zoning code doesn’t forbid homeowners from operating their businesses out of their residences, but it does include the following passage: “No products, materials or equipment used in the home occupation shall be stored or displayed outside the residence.”
During a meeting of the Town Board held on Thursday, July 20, Sanjay Coutinho showed photographs of what he believes are violations of zoning regulations by Stars and Stripes, including both open and enclosed trailers, storage buildings, a backhoe and other landscaping vehicles. Coutinho lives across the street from Luke Rougier, the owner of Stars and Stripes.
“This business and others are creating a serious health and safety situation for our community residents,” Coutinho said. “These businesses through their operations weekdays and weekends have now transformed our neighborhood into a noisy, at times chaotic, and a stressful environment where we have to be on the constant lookout for a steady entourage of trucks, trailers, and commercial traffic making its way through our narrow dead end streets.”
In addition to the storage of Stars and Stripes equipment on a residential street, Coutinho said neighbors are exposed to flood lights from the property at night, with the business creating an “extremely unsafe, highly stressful and unwanted noisy condition.”
“The deed for this property…clearly states that the premises shall be used only for residential purposes and no business of any kind shall be conducted thereon,” Coutinho said. “In addition, no nuisance of any kind shall interfere with the property rights with adjoining owners. And finally, no tents, trailers, or advertising signs should be placed on the premises or any part thereof.”
A&S is operating similarly, said neighbor Linda Price.
“The landscaping business at 25Doris Lane has disrupted all of the quiet and happiness that makes people buy a house in our neighborhood,” Price said. “Nobody wants to come up the road and look at a $450,000 house with that kind of nonsense at the corner. This is our retirement accounts, many people’s retirement accounts and we really want it to be residential as it always was. And the fact that there are at least 12 pieces of equipment every time I go by, and I go by a lot of times because I have a lot of things to do, like everybody else is disrupting the quiet of our little community and lowering our house values. So something really needs to be done.”
Coutinho said zoning codes lack teeth if they aren’t enforced.
“The building Inspector’s office has issued multiple notices but not enforced them, further emboldening them to operate unabated and without consequence,” he said.“We sincerely urge this board to enforce de restrictions and local zoning laws for the safety of all its neighbors with intention, consequence, and without bias.”
Rougier said he’s searched for a property to move his business to, but has found it prohibitively expensive.
“In this day and age, this real estate market has become very, very hard,” Rougier said. “Like almost impossible.”
Rougier added that he not only keeps his own property in good condition, but others around the neighborhood as well.
“I invite you to stroll past my property and take a look,” he said. “I plant flowers, I keep it all mowed, I mow the entire street. If it wasn’t for me, half our road wouldn’t be mowed.”
Rougier said he’d collected the signatures of many of his neighbors who don’t oppose his running Stars and Stripes from his residence. Some of those neighbors were on hand to show support.
“He’s a good kid just trying to make a living,” said James Boyce. “That’s all he is.”
Raymond Scheffel, who said he’s known Rougier since he was little, agreed.
“When he was a little guy, I can honestly say that if somebody plowed snow in your driveway or a tree fell in your yard and you needed it cleaned up, that would be the first kid to come to your house to do that,” Scheffel said. “He’s a good kid.”
Scheffel disputed claims that Stars and Stripes presents a nuisance to the neighborhood.
“There’s never been an issue with noise,” Scheffel said. “This issue is not like they’re talking about. I mean they made it sound like it’s the Town of Ulster highway garage. It’s not like that.”
Rougier said much of the issue comes from a neighbor who’s a “part time” resident. Price responded that the time a resident spends in the neighborhood isn’t relevant.
“They pay taxes too,” Price said. “They pay the same taxes we do. So part-time, full-time, it doesn’t matter. They’re allowed to make complaints.”
Coutinho said he wasn’t opposed to Rougier’s business, only its location.
“We support local businesses and encourage entrepreneurship,” he said. “But it’s important it’s done through proper zoning approvals to benefit this community and keep the safety of our neighbors a top priority.”
Town officials said they are continuing to review the issue and plan to address compliance at their next meeting scheduled to Thursday, August 3.
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