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Council says no to neighborhood



Council President Frank Cook addresses the crowd. Attleboro City Council budget meeting.




ATTLEBORO - The city council narrowly approved a rezoning over neighborhood objection Tuesday that will allow a residential section of North Main Street to be used for businesses in a vote two councilors called one of the toughest they ever took.

Councilors Bill Bowles and Brian Kirby said they had difficulty supporting the rezoning because neighbors in the area near Holden Street were overwhelmingly against it. However, the councilors thought it best for the city as a whole.

For Kirby, the vote was extra tough because he lives in the neighborhood. He could could have cast the decisive no vote, but hesitated and then voted for the rezoning.

He said later he was undecided right up to the last minute.

"I started off with the neighbors. That's my neighborhood," he said during the debate a the council meeting at city hall.
He said he liked the idea of preserving an old home at 204 North Main St., which the developer has agreed to do, but was also troubled by the way the preservation would be accomplished through a deed restriction.

On the other hand, he said, the deed restriction is a way of "thinking out of the box" to accomplish a goal.

In addition to neighborhood opposition, the planning board had voted 8-0 to recommend against the rezoning.

Neighbors were displeased by the outcome.

"I'm disappointed," Tom Garvey of Upland Road said after the vote. "The neighbors don't want a business."

Garvey said there is a concern that the rezoning will lead to more business encroachment into the neighborhood.

The vote was actually overwhelmingly in favor of the rezoning, 9-2. However, nine votes was the minimum the measure needed for approval because it was a rezoning with abutters filing legal objections, requiring three-fourths of the council to vote in the affirmative, Council President Frank Cook said.

Cook and zoning committee Chairman Bill Bergevine were the dissenting votes.

Cook, who represents the neighborhood as the Ward 3 councilor, said he sees his job as representing the views of constituents and the constituents were against the rezoning, he said in explaining his vote.

"I don't like it when elected officials ignore the will of the people," he said.
But, most councilors said the plan by Orion Realty to maintain the house at 204 North Main St. and turn it into a business was a good one for the city as whole.

Councilor Peter Blais said the deed restriction will protect the neighborhood for 199 years while maintaining the home will help preserve the beautification of one of the city's "gateway" roads entering Attleboro.

"All it takes is for the 11 of us to show enough backbone and not worry about personal agendas," he said.

Councilor Kim Allard, who is nursing a foot injury, came to the council meeting just long enough to vote on the rezoning.

She said Attleboro is sometimes accused of not being business friendly and the rezoning is one way to promote a local business.

 


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ucbruin wrote on Jan 2, 2009 1:14 PM:

" For anyone who has read any of my comments about Kim Allard in regards to the IBP might find this comment interesting. On the subject of the ARA and IBP my comments are critical of the entire Council and of Ms. Allard because she seemed to be CYAing herself with her comments to the readers. But on the rezoning issue I have to say that I support her vote. The properties in questions appear to be surrounded by other commercial use properties. Regarding Mr. Cook, his vote to oppose was cast after the outcome had already been determined. So, if voting to oppose is considered "courageous" as a letter to the editor phrased it, then let's give Mr. Bergevine that distinction as his vote was the 3rd cast. "

ricknkim wrote on Dec 19, 2008 10:36 AM:

" Or via main council number . . . . 508-223-2222 ext. 3181 "

ricknkim wrote on Dec 19, 2008 10:33 AM:

" I was able to contact my councilor easier via e-mail. "

medical wrote on Dec 18, 2008 6:05 PM:

" Dear MS ASHLEY,

I have called Mr Cook 3 times in the last month. Two times I left a message on his voice mail, and the last call I talk to his daughter. As of now he never returned any of the calls. "

ricknkim wrote on Dec 18, 2008 12:13 PM:

" I don't blame Mr. Cook at all. If the sentiment expressed to him by his ward was against it then he did the right thing in voting against it.

What I don't agree with is his making a statement that insinuates that the other councilors voted against the will of the people. Just because a vocal goup of residents in his ward felt that way, doesn't mean that all of Attleboro does. "

ashley wrote on Dec 18, 2008 11:10 AM:

" Ps. Medical did you even call Mr. Cook to tell him you were opposed?

And you know, I'm pretty sure that he listened to EVERYONE who called him not just people who he had signs for on their lawn! I don't even think he had 200 signs anyway, and I'm sure he also had signs on people's lawns who did not oppose this as well! "

ashley wrote on Dec 18, 2008 11:07 AM:

" Okay Medical,

Your math is a little screwy. You say 800 came out to vote, okay, and that 200 were opposed, and 600 were unopposed. How do you know that that 600 were unopposed? Did you go to each door and ask them? They might just not had an opinion, maybe they live on the other side of ward 3, or maybe they just didn't care, or maybe they had no idea this was even going on! To say all 600 were unopposed, seems a little high. Meanwhile, what about the other people who didn't vote? The unregistered voters. I'm sure they had an opinion as well which could be ever for or against. Are you even a registered voter?

Bottom line: you are not going to please everyone. I think Mr. Cook did what he had to do, even though it may not please everyone. He listened to the neighbors of this project, the ones directly affected, but also took into account the ward, which doesn't has as much of a direct effect as the abutters to this property. "

ricknkim wrote on Dec 18, 2008 9:40 AM:

" Many speak of "the will of the people" here as did Mr. Cook. I did not once see an Attleboro-wide poll stating that it was "the will of the people" that the rezoning should be denied. In fact, I am willing to bet that if the facts were presented to the entire city, it would be overwhelmingly approved in support of pro-business and improving the appearance of another property in the city.

As for Ms. Allard - why should she have stayed home and not attended the vote? She is a councilor, she voted, just as all others did. To say she shouldn't have is ridiculous. "

medical wrote on Dec 17, 2008 8:15 PM:

" Time out, there is no need to attack each other.
I respect Frank Cook but I feel he did not do his math. He ran for office againt Paul Diamond and about 800 people came out to vote in this ward.

200 People some from as far away as Texas were opposed to this rezonning.
If my math is right, 600 of the voters in Frank Cooks ward did not opposed.
This tells me Frank Cook did not listen to everyone in his ward but just the ones he that had his signs on there lawns. Mr. Cook I live in Ward 3 and next time please listen to everyone in your ward or even better the whole city. "

hope2008 wrote on Dec 17, 2008 7:54 PM:

" I had a chance conversation with State Rep Elect Bill Bowles before his victory win to the State House. I noticed that his signs were all over the area of the then proposed rezoning. I asked him about them, as they seemed to be newly "planted." He told me that he had contacted and been contacted by the area residents and that he had assured them that he could not betray "the will of the people", go against the planning board and the historic commission, and vote yes for this rezoning. Told me that is how he got all of the signs. Then he turned around and voted "against the will if the people." As someone who supported Mr. Bowles, this was a true test of his integrity. He failed. "

Attle1 wrote on Dec 17, 2008 7:12 PM:

" What about those in Ward 3 who were NOT opposed? What did Mr. Cook do for them? "I don't like it when elected officials ignore the will of the people"...well Mr Cook, that is just what you did;ignored & offened those in favor who also live in Ward 3! I'm glad the vote went the way it did as it's my neighborhood too! So Get over it! And why all the bashing on Councilor Allard? At least she listened! Mr. Cook might want to choose his words more carefully next time? "

s-plumb wrote on Dec 17, 2008 7:06 PM:

" capecod7: Kim was defending herself as well as the council from words attributed to Mr. Cook many hours before.

It's unproffesional to publically attack the intent of your fellow councilors. That was the whole point.

Call Kim. She deserves more respect than she's received. Even if you disagree, she is typically very open, and you'll get the full story, instead of the depiction from the paper. After all they are out to make a dime. "

s-plumb wrote on Dec 17, 2008 6:53 PM:

" hope2008: I wished all the best. I think you read things that aren't there. "

capecod7 wrote on Dec 17, 2008 6:51 PM:

" I have no doubt that Bill Ward will put in a nice business. I just think that the people abutting the property needed to be heard and listened to. Mr. Cook did that. Mr. Kirby needs to get a backbone. Many of the councillors' no's were a little weak. I have nothing against Ms. llard but to start a blog at 6:32 am attacking Mr. Cook. I was not right. "

s-plumb wrote on Dec 17, 2008 6:49 PM:

" capecod7: Ok...I'm over it. Believe what you will. "

hope2008 wrote on Dec 17, 2008 6:42 PM:

" To splumb:
Most of us read all of your rants on a daily basis, regarding the ARA, city officials and the IBP. They are some of the most harsh and stinging words that this blogging forum ever records. You must be one of the haters that you refer to. Mr. Cook did not rant. He simply stated that our elected officials should not ignore the will of the people that they represent. Do you have a problem with that? You surly have enough to say on the IBP and ARA. Should we encourage our city officials to ignore your rants? You are arrogant to imply that your issue is more important than the people in Ward 3.. Nobody is more important than anyone else. The people in the 152 rezoning issue have treated very poorly by their representatives. Mr. Kirby lives across the street from one of the developers that had a banner attached to his house to intimidate the neighborhood. Guess Mr. Kirby thought that was ok or maybe he was afraid that Orion would come after his property if they didnt get what they wanted. Shameful - this entire display of disrespect from the city council. "

capecod7 wrote on Dec 17, 2008 6:26 PM:

" Ms. Allard certainly did not address the fact that she is a close friend of Ed Bailey. He was holding signs and supporting Kim during the election. Mr. Cook was one vote. Maybe if the other councillors had the guts to stand up and vote how they really felt maybe they can look at themselves in the mirror. Mr. Cook is a ward councillor. He said that many of the neighbors were opposed to it. Get over it. "

splumb wrote on Dec 17, 2008 6:15 PM:

" capecod7:
I believe Kim has addressed this. It's the 1st post. That you refer to is not accurate, but it sells papers, and brings out haters on the comment board. Why is no one asking the same question of other councilors? Right or wrong Kirby was considered the deciding vote, with no headlines? And this is his neighborhood.

I can truly relate to the concerns of those in the neighborhood, but it's much better than what the rest of the city has been through for a better part of the decade. You should be treated much better with a privately owned company, than the ARA.

Let's hope Mr. Cook contains his public rants. It only heightens negative feelings of those who have already been living with the anxiety that anticipation brings.

Best of Luck! "

margo wrote on Dec 17, 2008 5:51 PM:

" capecod7, you are so right! "

capecod7 wrote on Dec 17, 2008 5:35 PM:

" Mr. Cook did a fine job representing the people of his ward who are opposed to this. Was there a reason that Kim Allard came to the council just and I remind you just to vote on this rezoning. Ed Bailey is a friend who owns orion realty and I guess you know who's pocket she's in. She should have stayed home, taken pain medicine and called it a night. "

s-plumb wrote on Dec 17, 2008 4:47 PM:

" I dont have a horse in this race, but find it refreshing that city hall understands the benefit of working with a private developer who comes knocking vs. appointing a tax payer funded fiasco we see in the ARA.

Digging up the entire city to build 30 empty industrial buildings, seems a bit more invasive than a light traffic commercial project.
The self-serving performance by Mr. Cook, as if he is the only servant on the council, is nauseating. Do you feel yourself a hero, bashing fellow councilors? "

ricknkim wrote on Dec 17, 2008 2:48 PM:

" Nothing wrong with having business downtown, just as there should be nothing wrong with having business on 152 (which there already is plenty of).

They are selling real estate, not raising hogs or opening a strip club. The neighborhood residents are acting like they live on Walden Pond and they are re-zoning it to allow a KFC with pond views. That realty will be a bright spot rather than a detractor. "

kevin h. wrote on Dec 17, 2008 1:10 PM:

" The camels nose is now under the tent. Deed restriction protection? Ha Ha Ha! They are just eating the elephant one bite at a time. What's wrong with having business downtown? It's just power expanding power. "

ricknkim wrote on Dec 17, 2008 12:41 PM:

" I believe the restrictions/deed do just that realist, prevent it from becomming a DD/Rite Aid.

As for devaluing area homes - the property in it's current condition of disrepair do that. A rennovated structure and kept grounds will NOT devalue area homes.

As for Frank Cook, I do respect his dissenting vote since the neighborhood is in his ward. However, how much of the overall ward is represented by this immediate neighborhood? Were these the sentiments of the entire ward or just this vocal group of residents of the neighborhood?

I still find it difficult to understand the argument against the realty, especially with the restrictions and pledged betterments to the property. "

realist wrote on Dec 17, 2008 12:33 PM:

" The city also is the people in this area. You devalue their homes and say it's good for the city? Strange point of view.

The current plans call for something pretty. It doesn't prevent it from becoming a DD or Rite Aid in 5 years. "

Mr. Scorpio wrote on Dec 17, 2008 11:19 AM:

" Great job by City Councilor Frank Cook. His vote last night against the rezoning shows that his concern is for the people who live in Ward 3 and this is how a good City Councilor should do his or her job. "

abororesident wrote on Dec 17, 2008 11:18 AM:

" Attleboro is so OVERRUN with businesses... what's one more? And the point of this business, is to sell homes to people that want to live in this city! (Good luck with that) Attleboro doesn't offer anything to it's residents...seriously... no decent restaurants, no good community activities... just a bunch of political numnuts running around with their opinions... why do I pay taxes? My dead end street is never plowed! UGH! Best wishes to Orion! I hope they find some good people homes!!! "

wilson wrote on Dec 17, 2008 10:26 AM:

" Story about TOM:
I just wished he had told me the truth.
Now when he holds up the host @ 11:30 Mass and repeats the words : " Body of Christ "I will have a hard time thinking that the Bishop will allow these words coming from a this man. "

ricknkim wrote on Dec 17, 2008 10:16 AM:

" It is a small realty with no more than a couple of cars at a time. It is a realty that plans on rennovating a charming building and making the area look better. These plans are to resemble the Blackinton Inn - a jewel of the neighborhood by appearance.

Gone will be the blight, gone will be the possibility of a Dunkin Donuts. What in the heck is the problem with that? Sorry folks, but your "neighborhood" borders 152, a very high-traffic road with many many businesses on it already. We're not talking some country road out of Yankee Magazine here . . . I'd take a doctors office, realty, insurance or lawyers office any day of the week with the restrictions in place and worry about more pressing issues. "

Forward Observer wrote on Dec 17, 2008 10:06 AM:

" So Wilson, now that the area has been rezoned against the Planning Board wishes and the area residents, how long do you think it will be before another business, like Duncan Donuts, will ask for a variation. The Council told you it couldn't happen? Wake up Wilson. Tom may need a Bishop, but you need an education. "

wfk wrote on Dec 17, 2008 10:04 AM:

" Where is the Soap ?
Ummm....yeah... "

wilson wrote on Dec 17, 2008 9:55 AM:

" Where is the Soap ?
This is a story about a man named TOM:
Living in the neighborhood I had only one real problem with project, and that is I was not told the TRUTH from the man named Tom and his wife from Upland Rd. He knocked on my door making me believe that a Dunkin Donut or a fast food restaurant would be there someday. I talked to some council members and learned that not to be true and that could never happen on this property. As a Catholic boy growing up at St> John's the Nun's would always tell us they would wash our mouth with soap if we didn't tell the truth. Someone named Tom must of missed that memo. Its time to mail some soap to a man named Tom.

It's time to talk to the Bishop about Tom.. "

Attlemom wrote on Dec 17, 2008 9:42 AM:

" I never bother commenting on these stories, but this one does strike close to home. I am a homeowner in the area affected by this vote, and I was against it. I voiced my opposition to the council through letters and signed a petition. I am very unhappy with the decision by the council and will remember it come voting time. With most of downtown available for use, the decision to rezone is and was ridiculous. Although I appreciate the deed restriction, but it won't be very helpful when other businesses try and get rezoning as well. There is a not so fine line between being "business friendly" and turning neighborhoods into business areas. Basically there are many many other places Orion Realty could have built their business; downtown, the infamous ARA business park, old factories, really there is plenty of empty and available space. "

ricknkim wrote on Dec 17, 2008 8:53 AM:

" Well done council, this was the right thing to do for both the city and neighborhood (even if some don't realize it right now - someday they will). The restrictions put onto the owner will protect the neighborhood from imagined ills. A rehabilitated property used for a realty office is far better than the blight and eyesore that currently is the dase with the property.

Is it better to have a non-intrusive realty office (restricted from future changes) that is well kept and rennovated or a vacant building with grounds looking shabby? If this were to be the first and only business, perhaps I'd be more sympathetic. However, there are numerous businesses already there and your argument is nonsensical. "

Forward Observer wrote on Dec 17, 2008 8:20 AM:

" Hey Melon Girl, the Planning Board was unanamous, the residents were overwhelming in their opposition. What are you talking about? What's your true interest? Maybe it is your business? "

malonegirl31 wrote on Dec 17, 2008 8:12 AM:

" Kudos to the Council for finally voting to keep some business here in Attleboro. With the deed restrictions put on the property it will certainly keep within the character of the neighborhood. It should also be known that there were a number of neighbors who were in favor of this project, they have just been overshadowed by the opponents of the project. As a caveat the developer actually lives in the neighborhood as well. So to the Council thank you. I am sure looking at what this develper has done around town that the City will benefit as a whole from this change. "

harry hindsight wrote on Dec 17, 2008 7:35 AM:

" Now that the council has overridden the planning board, does this mean that the light at Holden and Rt 152 can be put in? With a increased traffic in the area due to increased business, a light now makes sense there correct. Throw out the planning board, disregard what the people want or don't want, do what is best for the city.

Isn't that what was said about the IBP? "

Forward Observer wrote on Dec 17, 2008 7:32 AM:

" With all that has come before (ARAgate) and now this, it must be clear to all residents that a clean sweep is in order. We must vote out Allard and the rest of her ilk. "

kevin h. wrote on Dec 17, 2008 7:26 AM:

" This was a big mistake. Vote them out. What a shame (sham). The citizens are used by the officials as an endless supply of money to increase their power. Look at what officials have done to South Attleboro. Filling it with business and traffic, but where are the stable, well paying jobs.

NO TAXATION WITHOUT REPRESENTATION! "

hope2008 wrote on Dec 17, 2008 7:17 AM:

" Kim Allard had knee surgery yesterday but managed to drag herself in for the vote on this rezoning issue. She has missed hundreds of votes while in office, but this vote was somehow more important than all others. She forgets that "the city" is the good people of these neighborhoods that find themselves ignored by her and the most of the rest of the council. She ignored hundreds of people in this ward that asked for her help. Given her relationship with the developer of this project, she should have recused herself. She takes offense at Frank Cook - only because of her removal from the Public Safety committee. She asks for more citizens to become involved - evidently so she can ignore them. Kim Allard takes care of Kim Allard, and every developer that contributes to her campaign. If you do not think that this is true - go to the elections office and see who donates heavily to her campaigns. She is everything that is wrong with politics today. The "people and neighborhoods" of tis city are obviously on their own. Wait until one of Kim's "donors" wants a piece of your neighborhood. Good luck! "

kim allard wrote on Dec 17, 2008 6:32 AM:

" I am shocked and offended that Mr. Cook would imply that those who supported this rezoning ignored what the people want. I make all my votes based on what is best for the City as a whole. I make decisions considering all factors..I do not make votes based on what people say however I take everyones input and weigh it carefully. That is what I am elected to do and it seems to me by the above statement that some do what others tell them to do. I believe we are elected to do what is best for the City and I do take great offense to the implication that I ignored the residents input. I did go in for the vote because I felt it was important but I do not have a foot injury I had knee surgery yesterday. "


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