By Laura Lane
About 34 homeowners own the pond, north of Sunrise Highway, which flows into the Merokee Preserve. The body of water, once considered idyllic, was home to many ducks, egrets, purple martins, ospreys, turtles and great blue herons. But now it's plagued with bottles, beer cans, motor oil, insects, plastic cutlery, dog feces and even used condoms.
In many parts of the pond, a green scum coats the surface, causing approaching ducks to turn and head in the opposite direction. People with a backyard view of the pond complain of rats, mice, mosquitoes and a horrific smell that they say keeps them indoors in the evening.
"The pond has become a dump. I've watched my neighborhood go from a beautified, countrified place to a disaster," said Judy Tager, a 48-year resident. "Nobody sits outside anymore, and I don't garden anymore, either. Why plant flowers if I'm never in the backyard to enjoy them? I pay a fortune in taxes and look what I get."
Smith Pond has a long history of problems. Civic associations, elected leaders, Nassau County agencies and angry residents have all tried to find a resolution. Kieran Crowley, president of the Smith Pond Homeowners Association, has fought to have the pond cleaned up for quite some time.
"Four years ago," Crowley said, "Nassau County dredged part of the pond. They were supposed to dredge the entire pond, as ordered by the New York State Department of Environmental Conservation, but they said it cost too much and only did a part of it. As a result, this is what we got."
Crowley believes the dredging disturbed the pond's bottom. Since, he said, the fish population has been cut in half, and the newly created vegetation on the surface now draws snapping bugs and mosquitoes.
Tager said she spoke with Brian Schneider, a county engineer, about the vegetation growth. Tager complained that the vegetation was unsightly; moreover, she said she worried that it was a breeding ground for mosquitoes. "[Schneider] said [the vegetation] was growing from the ground of the pond and could not be removed or the fish would die," Tager said. "Ten years ago, I saw jumping fish and egrets. I don't anymore."
Schneider could not be reached for comment at press time.
Crowley said, "To get rid of the vegetation, the county can use a machine that will harvest it. Then they can add triploid grass-eating carp, which are sterilized fish that will eat the remaining vegetation. This is safe. We are not interested in any use of chemicals, since we don't know what it will do to the fish, our children or us."
Many people believe that residents living upstream are in part responsible for the pond pollution. Tager often finds plastic bags full of dog feces in her part of the pond, as well as grass clippings.
Her neighbor Mia Freilich has seen her share of garbage in the pond as well. "It's a menace, a disgrace and a health hazard. The last few weeks, I've seen garbage and food cartons," Freilich said. "I used to sit in our backyard most of the time, but now I sit on the front patio. The smell is too bad. My grandchildren used to play in the backyard, but because of the mosquitoes, I won't let them back there anymore."
Although the county cleans the pond three times a year and had mosquito control visit there this week, residents are frustrated by a lack of progress.
County Legislator David Denenberg (D-Merrick) has visited the pond twice. "The problem is coming from stormwater runoff from residential roads, which are going unchecked. The county does not own residential roads," Denenberg said. "The drains on Smith Street have an incredible amount of garbage dumped into them."
Denenberg said he pushed Nassau County to clean the pond three times a year and will try to add another day. He also said there's a plan in place to install a device that would catch floating garbage. He would also like to see a barrier placed in the stream that leads to the area of the pond near Tager's home.
Denenberg, however, wonders who will pay for an ongoing cleanup at Smith Pond. "Even if Nassau County puts in filters, who will maintain the costs of it, the county?" he said. "Even if Nassau County owns the storm drains, 95 percent of what's going into the systems is from towns and villages. We need one consolidated authority to solve this problem."
Denenberg believes that, if a plan touted by County Executive Thomas Suozzi to create a Sewage and Storm Water Authority eventually passes the state Legislature, it would enable villages, towns and the county to work together to solve difficult problems like Smith Pond.
Denenberg said that since the pond is privately owned, the county can only go so far in revamping it. But he sees a solution in residents' joining together to effect change. "If there could be some volunteerism like SPLASH [Stop Polluting Littering and Save Harbors], a program started in Freeport in which area residents work together to keep the bay clean, the pond would be in better shape," he said. "I would be happy to get the residents together to participate in SPLASH."
Although the pond is privately owned, Crowley said a legal contract exists between homeowners and the county. Residents believe the county should be responsible for the pond's cleanup.
In 1994, residents used the legal system to force Nassau County to follow through with the binding contract. At that time, the pond had two islands of what Crowley called "muck" that had risen above the water, turning the pond into a swamp. Residents approached the county to clean it up, and when officials refused, residents filed a Notice of Intent to sue the county, but the lawsuit became unnecessary. The county reconsidered its stance and decided to abide by the contract and clean up the pond.
"The contract says that the county is responsible for cleaning and maintaining the pond," Crowley said. "If the county refuses to help us, we will go to court. However, we would prefer to do this in a more civilized way."
Barry Fox, president of the Merrick Park Home Owners Association, has also been involved in the issues surrounding Smith Pond. "If your property is devalued because of actions by a municipality, people can ask for tax relief. The neighbors can file a class-action suit against the municipality for violating laws and regulations," Fox said. "Sanitary conditions must be maintained in the county and without the creation of health hazards.
"There are a lot of dragonflies in Smith Pond," said Fox, "and they come around when there are mosquito larvae. The West Nile virus could infect the neighborhood."
This summer, Nassau County placed large rat traps on Judy Tager's front lawn. She thought they were working until this week. "My housekeeper came into the house screaming and said she saw two rats running in the backyard," a visibly upset Tager said. "She knows rats when she sees them. Oh my God, I'm not going out now."
