o. Change title of Section XXIX "Residential Open Space - Cluster Development by Conditional Use Permit" to "Residential Open Space - Cluster Development" to properly describe the type of development and eliminate reference to a process in the title.
THE PLANNING BOARD DOES RECOMMEND THIS ARTICLE 6-1
3. Are you in favor of the adoption of Amendment No. 2 as proposed by the Planning Board for the Town of Newton Zoning Ordinance as follows?
To add: "Per State of New Hampshire RSA 674:43, the Planning Board is authorized to require preliminary review of site plans and to review and approve or disapprove site plans for the development or change or expansion of use of tracts for nonresidential uses or for multi-family dwelling units. The site plan regulations regarding the requirements of such review are to be prepared and adopted by the Planning Board."
THE PLANNING BOARD DOES RECOMMEND THIS ARTICLE 7-0
4. Are you in favor of the adoption of Amendment No. 3 as proposed by the Planning Board for the Town of Newton Zoning Ordinance as follows?
Amend Section XI Home Occupations and Home Based Business section as follows:
a. Edit Where Permitted section as follows:
"A) Home Occupation. One home occupation may be permitted in each residential unit in Residential A and B zones. No Town approval is required." Delete: "No Town approval required."
b. Edit Application Procedure section as follows Change: "No Town approval is required for Home Occupations. Applications for conditional use permits for a Home-Based Business shall be made in accordance with the procedures set forth in the relevant sections of the Site Plan Review Regulations of the Newton Planning Board." To: "The classification of the activity as a home occupation or a home based business shall be determined by the Planning Board prior to the commencement of the activity. If the Planning Board determines that the activity is a home occupation, no further Town approval is required. If the Planning Board determines that the activity is a home based business, a conditional use permit shall be obtained in accordance with the procedures set forth in the relevant sections of the Site Plan Review Regulations of the Newton Planning Board. The conditional use permit for a home based business expires upon transfer of ownership of the affected property."