BENSON - Benson commissioners rejected a controversial plan to create a downtown historic district in a 5-1 vote Tuesday night.

Several commissioners said they voted in response to strong opposition to the plan, which would require property owners to get permission from the historic preservation commission before upgrading buildings. But many of the commissioners and Mayor William Massengill said they thought the district would have been good for the town, encouraging growth and development.

"This is one of the most positive things in the Town of Benson since I've been up here," said commissioner Ray Smith, who voted against the plan because of the opposition. "If you want me to kill this town, if a majority of us say so, I'll do it."

Commissioner Fred Nelson said he was voting based on what residents wanted, but asked those in attendance not to ask the board why the town isn't growing if the historic district is rejected.

"One word echoes in my head even now, and that is representation," Nelson said.

Commissioner Doug Oglesby cast the lone vote in favor of the proposal, apologizing to the historic preservation commission for "what appears to be wasted effort" in crafting the plan over the past three years. "This wasn't about taking away anybody's property," he said.

But the residents who spoke against the district said their main concern was that property rights would be lost.

Former Mayor Jerry McLamb, who lost his election bid to Massengill last month, passed out a news article about an 84-year-old woman living in a historic district who was forced to tear down her car port.

"This is against everything our country was built on," McLamb said. "You're taking the people's rights away. A man can't build things onto his doghouse with getting the blessings of these people."

Frank Toth, owner of Frank's Pizza and Subs near Interstate 95, said he was concerned about the restrictions' impact on local businesses.

"I think they're going to be detrimental to small business," Toth said. "That alone would be enough to not pass this."

Several residents said they worried that the historic district could be expanded to include properties well outside downtown. Terry Tucker noted that Apex has expanded its historic district several times.

"When you start a shadow government ... it's just wrong," Tucker said, adding that New Bern has faced lawsuits because of its historic district. "Could Benson afford that?"

But historic preservation commission members — who were the only ones to speak in favor of the plan — said the guidelines they created were less restrictive than other towns with historic districts. They pointed out that the guidelines have flexible wording, using phrases like "it is discouraged" rather than "cannot."

"We've done a pretty good job of protecting everybody's rights," said commission member Bob Todd. "[Commission members] are your neighbors — we're not Gestapo, we're not communists."

But some who opposed the district were worried that they'd have little ability to fight decisions made by the commission. Property owners, they said, would likely have to appeal to the courts.

"That's a little bit backwards," George Johnson said. "I think it should be the other way around."

Commissioner Will Chandler said he was surprised to learn that participation in the historic district wouldn't be voluntary for property owners. He indicated that he was hesitant to support the plan.

"Once it's done, it takes an act of Congress to go back in and change the ordinance," Chandler said.

The opposition has made recent meetings of the board of commissioners and planning board some of the most well-attended in recent memory. Hundreds signed a petition against the historic district, including 27.7 percent of property owners in the district.

Several commissioners chastised the crowd for their lack of interest in town government and challenged residents to get involved in bringing growth and development to Benson.

"Unless it affects you personally, you never think of the town board of Benson," Commissioner Smith said.