Neighbors clash over stench problem

A village trial charging two East Rockaway homeowners with violating a nuisance law that prohibits residents from keeping unsanitary conditions caused by domestic animals, heated up on Nov. 24 as the defense's first witness took the stand.

The defendants, Steven Lisker and Miriam Cooney of Waverly Avenue, own ten Akitas — a Japanese hunting dog — and neighbor Helene Sloan alleges that the smell of urine and fecal matter from Lisker's dogs pervades her property —which abuts the Lisker-Crooney property —making it impossible to use her backyard. Sloan, 83, said the smell of dog excrement has been a problem for nearly thirty years. "It's a quality of life issue," Sloan said. "I can't even open my windows. The smell comes right into my den."

Lisker, who is a United States government compliance officer in the Medicare program, said he is a dog breeder and enters his dogs into national competitions. He told his lawyer, Ivan Hametz, that 90 percent of the time, his dogs go in packs of two or three into his backyard to relieve themselves. Lisker noted that he always cleans up after his dogs within 15 minutes. "I clean up, everytime," Lisker told Hametz. "I water down and spray the yard with a deodorizer. I think my property is very clean."

Lisker told Hametz that his property, which is about a third of an acre, is separated from Sloan's by a chain link fence. A vinyl fence was installed by Sloan about 12 years ago, he said, leaving about an eight-inch gap between his fence and the vinyl one. He alleged that the foul smell, which he described as "rotten eggs", is from debris built up between the two fences, and not from his dogs. "It's a biting smell," he said. "A pungent odor that usually smells on the hottest days."

Hametz said he thinks Sloan just doesn't like Lisker or Cooney. "Clearly, this is a private nuisance which should not be vindicated by the village," Hametz said.

Under cross examination by prosecutor Brian Doyle, Lisker testified that his dogs relieve themselves in his yard two to three times a day. He told Doyle that his yard doesn't smell, and he only smells the pungent odor when he is close to the fence. Doyle then asked Lisker why he uses deodorizers in his backyard, if his backyard does not smell. Lisker also testified that he has never complained or filed a complaint with the village about the smell that he alleges comes from in between the two fences.

This case stems from a September 2007 nuisance ordinance violation issued to Lisker and Cooney after a building department inspector visited Sloan's backyard and testified to a "strong foul odor." Hametz pointed out during his cross-examination that the inspector never visited the Lisker-Cooney property. Since Sloan, along with one other neighbor, signed the nuisance ordinance in 2007, they are the only two neighbors allowed to testify during the trial.

The defense will call its next two witnesses, Miriam Crooney and Sloan's landscaper, at the next trial date on Dec. 17. If the village rules in favor of the plaintiff, Lisker-Cooney will have to upkeep their property and pay a $250 fine.