City investigating avenues to clean up ‘Cracker Barrel’ homeless encampment

Cracker Barrel site on Feb. 3, 2022. Photo/Andrew Sylvia

MANCHESTER, N.H. – The Manchester Board of Mayor and Aldermen on Tueday decided to investigate how the city can clean up a property with a homeless encampment just off I-293 known as the “Cracker Barrel camp” due to its billboard facing westward.

During Tuesday’s meeting, Manchester Director of Homeless Initiatives Schonna Green told the board that she has reached out to the property owner and received permission to trespass on the property in order to help homeless individuals that are currently camping there and she is continuing to work with the property owner to achieve a solution that is beneficial to all parties.

Green told the board that the camp has not been cleared out like some others in the city due to the approach that only camps that pose an immediate safety risk require clearing, stating that clearing other camps only moves the problem of the camps elsewhere until the city can provide residents of this and other camps enough housing.

Later in the meeting, Ward 3 Alderman Pat Long sought to introduce a motion that would take $40,000 out of the city’s contingency fund, the amount that city officials told the board that it would take to clean the property, citing concerns from nearby residents.

Manchester City Solicitor Emily Rice, Manchester Joyce Craig voiced concern over the legal nuances of cleaning up the privately-owned property without additional research into legal rights to move forward as well as its ability to recoup any money from the property owner, with Craig stating that a clearer picture on how to process could be provided at the board’s next meeting in two weeks. Ward 8 Alderman Ed Sapienza supported cleanup of the site, but warned that placing a lien on the property was something that would complicate the process.


Approximate location of the site on Google Maps.

Long felt that there is enough clarity regarding the situation at the site and action is needed to assist Manchester residents clean up the site as part of the board’s mandate.

“If it’s disrupting the quality of the neighborhood, we can’t just put it aside for worrying about how we’ll get the money back or whether they’d sue us,” Long told Manchester Ink Link on Wednesday.

Alderman At-Large June Trisciani, who seconded Long’s motion, noted on Thursday morning that she has been informed that the Manchester Police Department has issued a no trespassing order on the property.

“I understand the frustration and appreciate the patience of Ward 9 residents as we work through the clean-up process and offer continued outreach to assist folks who are currently living without housing,” Trisciani told Manchester Ink Link on Thursday.

Craig said that no one on the board disagreed that the property needed to be cleaned up, only that caution should be heeded legally as she would not support the cleanup of any private property with public funding unless that funding was reimbursed by the property owner.

Ward 10 Alderman Bill Barry also voiced a related concern that publicly-funded cleanup of privately-owned property could set a precedent where land owners will expect the city to pay for cleaning of properties, citing an unnamed parcel in his ward.

Craig asked Manchester Department of Planning and Community Development Director Leon LeFreniere whether a state law used by municipalities regarding dilapidated buildings could be used to clean up the site, with LeFreniere answering that to his knowledge the law has never been used for parcels of land specifically, only for buildings on the land.


 

Tim Clougherty on Feb. 1, 2022. Photo/Andrew Sylvia

Manchester Department of Public Works Deputy Director Tim Clougherty told the board he advised against a clean up of the site until spring, due to snow and ice concealing potential hazards such as hypodermic needles and unseen trash currently buried.

Alderman At-Large Joseph Kelly Levasseur hoped that preliminary action could be taken while the city investigated its options, although he expressed concern with immediate action given the current amount of money in the city’s contingency fund as well as potential legal pitfalls that might jeopardize the cleanup process.

“There’s a process and we have to follow the process,” he told Manchester Ink Link on Wednesday.

Ward 5 Alderman Anthony Sapienza also sought an action plan, but asked his colleagues to not micro-manage the efforts of Rice or Green as they seek to provide the city options in addressing the issue.

Following Clougherty’s comment, Long agreed to withdraw his motion.


 


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