PHILLIPSTON – Voters breezed through Wednesday’s Annual Town Meeting with very little discussion – until they reached Article 32, the final article on the warrant.

The article calls for a change to a paragraph in Section 14 of the town’s zoning bylaws. This amendment, which was eventually approved by a vote of 24-12, states that the Zoning Board of Appeals (ZBA) cannot issue a variance for any use that is expressly prohibited in any given zone, be it residential or commercial.

Before the amendment was approved, the ZBA had the flexibility to issue a variance for any proposed use. For example, if someone wanted to open a drive-thru window at their restaurant, but drive-thrus were prohibited in that zone, the ZBA could grant a variance to allow it. Under this revision, the ZBA cannot grant the variance.

The ZBA can still grant variances for non-conforming uses not specifically prohibited under the bylaws. For example, if someone wants to put in a driveway that needs a variance because it would be a foot or two closer to a neighbor’s property line under the setback guidelines, the board could grant a variance allowing for construction of the driveway.

The change, Selectboard Chair Bernie Malouin told voters, was recommended following a review of the bylaws by the Montachusett Regional Planning Commission (MRPC). Town Counsel provided the wording for the article, he added.

“We had a public hearing on it and there were no negative comments on it,” Malouin said. “There was one Planning Board member who did have a concern, and he thought it might cause some people who wanted to start a business (to decide against it).

“It’s not going to stop anybody with a residential lot who tries to get a variance because they have a setback requirement, a size requirement, or something like that,” Malouin continued. “It’s only for the ‘use” (restrictions), essentially in the commercial part of our zoning bylaws. Anything that’s allowed right now in the bylaws by use, that’s not going to change. What this does is prevent someone from going to the ZBA with a commercial use and seek a variance for a use that’s in an area where that use isn’t allowed.”

Town Counsel Tom McInaney of KP Law explained that the amendment, “is pretty standard practice in most communities in Massachusetts. So, your zoning bylaw will set forth what the permitted uses are by right or by special permit. Most communities do not have a provision in their zoning bylaws which allows you to obtain a use variance which varies from those uses which are set forth in the bylaw.”

One resident wondered if the proposed change would have any effect on a small “mom-and-pop” business run out of someone’s home in an area zoned residential.

“In our zoning right now, there is an allowable use for an in-home business.” Malouin responded. “So, if somebody has a small engine repair or a tackle shop or sewing business or something like that, they’re fine to do that business in their house within the parameters of the zoning bylaw. If you tried to change that sewing business by hiring 15 people and have 15 employees working in a residential neighborhood, no, that would not be allowed.”

Another voter said it appeared the town would no longer need a ZBA since there would be no variances to decide – they would already be prohibited by the revised bylaw.

“What we’re trying to do,” Malouin said, “is not create a situation where somebody can come in and start some kind of a business and the neighbors don’t know anything about what’s going on.”

As an example, Malouin said someone could still get a variance if a basketball court they wanted to put on their property for family use might violate setback regulations. They could not, however, obtain a variance if they wanted to use the court to entertain large gatherings or charge admission.

The final sentence of the amended bylaw reads, “No variance may authorize a use or activity not otherwise permitted in the district in which the land or structure is located.”

In other action voters, without dissent, approved a FY26 general government budget of just over $2.8 million. They also approved Phillipston’s $2 million assessment for the Narragansett Regional School District and $318,000 assessment for the Montachusett Regional Technical Vocational School District.

In addition, Town Meeting attendees approved Community Preservation Act funding for three projects. These include $160,000 for repairs to the gym at the Phillipston Memorial Building, $30,000 for a dozen windows at the Congregational Church of Phillipston, and $50,000 for repairs to floor framing and the foundation at the Phillips Free Public Library.

Greg Vine can be reached at gvineadn@gmail.com.