Projo 7 to 7 News Blog

CUMBERLAND, R.I. -- The town has told the chief of the Seaconke Wampanoag tribe to order a homeless encampment off a Superfund hazardous waste site by Wednesday or face court action.

"The property is not suitable for human habitation," Town Solicitor Thomas E. Hefner wrote in a letter to Wilfred W. Greene, who is known as Chief Eagle Heart of the Seaconke Wampanoags.

"There is no permanent clean water, sanitary facilities or waste disposal services in addition to the property containing numerous contaminants injurious to the public health, safety and welfare," as stated in a previous federal order.

The letter, dated Friday, further states "should those parties still remain after September 1, 2009 the Town will commence legal action against you personally and the [Seaconke Wampanoag Tribe] for this willful violation of the law."

Several people who lived in the Hope City encampment under a closed Route 195 bridge in Providence for half a year moved last Wednesday at Greene's invitation to a grassy area near a toxic waste site. Representatives of the group said they expected to stay for just six days -- until Sept. 1 -- with hope of securing transitional or permanent housing.

But the issue may be resolved before the need for legal action. Anne Nolan, president of Crossroads Rhode Island, an organization that seeks to provide people with shelter, said two of the couples who have been living on the Cumberland site will have housing available Tuesday. She said Crossroads will also have room and shelter for the remaining people on the Cumberland site.

Greene on Monday echoed his past statements. He said he does not believe the parcel on which the homeless are camping is contaminated. He referred to a 1661 deed and other things that he said supercede the non-payment of taxes that, under state law, has allowed the town to take ownership of the land. He also believes the tribe does not have to pay taxes on what he considers reservation land.

Town officials dispute this stance and note that the tribe has not been recognized by the federal Bureau of Indian Affairs.

Greene said the land's ownership is "in limbo" due to the tax title issues, that town officials "seem to have more say on" the property, and therfore, he added, "so why don't they just order" the homeless off the land.

In fact, an eviction notice from the town was delivered to the homeless camp's representatives on Aug. 27 advising them that those at the camp must move.

"I regret having to serve this notice upon you, but must remind you that you had ample warning of the above information prior to coming to Cumberland from Providence," the notice states.

The solicitor's letter to Greene lays out several reasons why the town believes people, homeless or otherwise, can not live on the land.

The property lies in an industrial zone, and Greene, on behalf of the Seaconke Wampanogs, has allowed people there "for residential purposes which are not allowed" by zoning ordinance.

According to town and EPA officials, the land falls is part of the Peterson/Puritan site, an Environmental Protection Agency Superfund hazardous waste site since 1983, town and EPA officials said. Letting people stay on the land is "in direct disregard" for an EPA administrative sent to Greene in April.

-- With reports from Journal staff writer Paul Davis

 Tags  Cumberland RI homeless Seaconke Wampanoag

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