Here are some of the substitute motions and amendments submitted for the 2009 Town Meeting by meeting members and posted to the Town Member e-mail list (any meeting member may e-mail a motion to This e-mail address is being protected from spambots. You need JavaScript enabled to view it )*:

• Article 69 Christopher Loreti,
• Article 67 Dick Smith
• Article 32 Chris Loreti
• Article 16 William Wilmot
• Articles 11 and 12 Pam Callaway

* Motions will be posted as soon as possible. If they are e-mailed between 7 a.m. to 3 p.m., there may be a delay because the publisher is at his day job.

from William Wilmot:

Deleting:
“…through criminal indictment or complaint under General Laws Chapter 40, Section 21, or…”

Article 11 Pam Callaway, who wrote to the Town Meeting list, "Two are Substitute Motions - currently I am only planning to introduce Article 12, but if the zoning board changes their mind, I will probably introduce a substitute motion for Article 11."

That the Town will vote to amend the Zoning Bylaw in Article 5, Section 5.04, Table of Use Regulations, by adding a new use numbered 8.23 immediately after use 8.22 as follows, “8.23 Keeping of no more than six hen chickens (but no roosters), as permitted by the Arlington Board of Health, for egg-laying, pet, or other non-commercial purposes in an enclosure in the rear yard of a property at least six feed from all property lines and at least 25 feet from residences on adjacent lots.” and by adding the words “Yes” in the columns headed R0, R1, and R2 immediately thereafter; or take any action related thereto.

Article 12

That the Town will vote to amend Title VII, Public Health and Safety, of the Bylaws, by inserting an article to regulate the keeping of poultry as follows:

SECTION 1. Purpose
a. The purpose of this bylaw is to regulate the keeping of hens for the purposes of pets, home egg production, gardening, or similar purposes. This bylaw details the obligations of the hen keeper so as to prevent a nuisance to surrounding lots or any public health concerns, as well as the permit issuing process.
SECTION 2. Definitions
a. Hen – a female chicken. “Chicken” may also be used to refer to hens.
b. Henhouse or coop – a structure designed to house chickens.
c. Pen or run – a completely enclosed outdoor area designed to allow chickens access to the outdoors while providing protection from predators.
d. Predator – any creature that would seek to harm or consume chickens.
e. Pests – any unwanted animal that would seek access to chicken feed, such as mice or rats.
SECTION 3. Nuisance Control
a. Noise.
i. No roosters (male chickens) are permitted.
ii. The number of hens shall be limited to 6.
iii. Perceptible noise from chickens at the property boundary must conform to all existing noise bylaws.
b. Odor.
i. Odors from chickens, chicken manure, or other chicken-related substances shall not be perceptible at the property boundaries.
ii. If possible, waste must be composted with carbonaceous material such as hay, bedding, or leaves. If the weather is too cold, or composting is otherwise not possible, waste must be stored in a sealed container until disposal.
iii. Weekly cleaning of henhouses is required, more frequent cleanings may be required as needed to prevent odor.

Article 32, Christopher Loreti

Adding to the end of the VOTE of the Board of Selectmen the following sentence:

“The committee shall produce a preliminary written report of its findings before the commencement of the 2010 Annual Town Meeting and a final written report of its findings before the commencement of the 2011 Annual Town Meeting, and it shall dissolve upon the completion of the 2011 Annual Town Meeting.”

Motion To Amend Article No. 32:

Replacing the words “a majority of the Board of Selectmen,” where they appear at the end of the VOTE of the Board of Selectmen, with the words “the Town Moderator.”

Article 67:

VOTED: That the Town adopts the following resolution:
RESOLUTION SUPPORTING RETURN OF NATIONAL GUARD TO MASSACHUSETTS

WHEREAS, Under the U.S. Constitution, each state’s National Guard unit is controlled by the Governor, but can be called up for federal duty by the President, provided that the President is acting pursuant to the Constitution and laws of the United States; and

WHEREAS, The War Powers Act of 1973 (Public Law 93-148) specifically limits the power of the President of the United States to wage war without the approval of Congress; and

WHEREAS, In September 2001, the U.S. Congress adopted the Authorization for Use of Military Force (Public Law No. 107-40) (Afghanistan AUMF), a law enacted in response to a presidential request consistent with the War Powers Act, and:

WHEREAS, the Afghanistan AUMF was enacted in response to the attacks on the United States on September 11, 2001; and authorized the President to use all necessary and appropriate force against nations, organizations, or persons he determines planned, authorized, committed, or aided in those attacks; and

WHEREAS, In October 2002, the U.S. Congress adopted the Authorization for Use of Military Force Against Iraq (Public Law No. 107-243), (Iraq AUMF) a law enacted in response to a presidential request consistent with the War Powers Act; and

WHEREAS, The Iraq AUMF stated in relevant part that the President was authorized to use the armed forces of United States in order to (1) defend the national security of the United States against the continuing threat posed by Iraq and (2) enforce all relevant United Nations Security Council Resolutions regarding Iraq; and

WHEREAS, U.S forces, including members of the Massachusetts National Guard and guard members from other states, have long since addressed the purposes recited under the Iraq AUMF, to wit, Iraq does not pose a continuing threat to the national security of the United States, and there are no relevant United Nations Security Council Resolutions regarding Iraq yet to be enforced; and

WHEREAS, the Iraq AUMF has therefore expired by its own terms, and other than the Iraq AUMF, there is no authority under the Constitution or the laws of the United States for the continued presence of Massachusetts National Guard members in Iraq; and

WHEREAS, the Afghanistan AUMF of September 2001 (Public Law No. 107-40) is overly broad and could be construed to allow the President to call up the Massachusetts National Guard to go indefinitely to Iraq, Afghanistan or any other country deemed part of the “war on terror;” and

WHEREAS, the Massachusetts National Guard is needed in Massachusetts to help with storms, floods, and other emergencies; and

WHEREAS, The maintenance of Massachusetts National Guard members in Iraq beyond the time and scope set for the in the AUMF has resulted in significant harm to Guard members and their families, including death and injury, loss of time together, and financial hardships; and

WHEREAS, A bill has been introduced in the Massachusetts Legislature by State Representative Sean Garballey to ask the Governor to withhold deployment of the National Guard where an authorization for military force has by its terms expired and is no longer valid, and also to request the return of deployed National Guard;

Be it therefore resolved that the Arlington Town Meeting endorses and supports efforts, including this bill, to return home units of the Massachusetts National Guard already deployed in Iraq and Afghanistan, and to prevent the future deployments of the Guard to Iraq and Afghanistan.

ARTICLE NO. 69 Dated: May 8, 2009

I, Christopher Loreti, do hereby submit the following SUBSTITUTE Motion:

VOTED: That the Town adopt the following resolution:
WHEREAS, In adopting the Arlington Zoning Bylaw in 1975, a super-majority of Town Meeting Members determined that one member of the Arlington Zoning Board of Appeals shall be an Attorney-at-Law and one of the two other members shall be a registered architect or a registered professional engineer; and

WHEREAS, During most of the period since 1975, the Zoning Board of Appeals has been ably served by the presence of a registered architect or a registered professional engineer among its members; and

WHEREAS, Numerous other Town boards, committees, and commissions including the Arlington Conservation Commission, Historical Commission, Historic District Commissions, Permanent Town Building Committee, Redevelopment Board, Transportation Advisory Committee, Zoning Bylaw Review Committee, as well as Town Meeting itself, have benefited from the expertise of one or more registered architects or registered professional engineers among their members; and

WHEREAS, The Town of Arlington is fortunate to have hundreds of registered architects and registered professional engineer among its residents; and

WHEREAS, The Commonwealth of Massachusetts publishes information that readily enables the identification of registered architects and registered professional engineers who live or work in the Town of Arlington; and

WHEREAS, In recent years the Zoning Board of Appeals has been without a registered architect or registered professional engineer among its members as required by the Arlington Zoning Bylaw; and

WHEREAS, The Arlington Zoning Board of Appeals without a registered architect or registered professional engineer as a member cannot be considered to be duly constituted; and

WHEREAS, A Zoning Board of Appeals that is not duly constituted exposes the Town to additional risks of appeals of the Board’s decisions; and

WHEREAS, The Arlington Board of Selectmen is the appointing authority for the Zoning Board of Appeals; and

WHEREAS, All Arlington residents, and elected officials in particular, have an obligation to comply with the Arlington Zoning Bylaw;

Be it therefore resolved that the Arlington Town Meeting hereby requests the Arlington Board of Selectmen to appoint a registered architect or a registered professional engineer to the Arlington Zoning Board of Appeals upon the next expiration of the term of a member who does not fill the position of the Attorney-At-Law; and

Be it further resolved that the Arlington Town Meeting hereby requests that upon any future vacancies of a registered architect or a registered professional engineer on the Zoning Board of Appeals, the Arlington Board of Selectmen actively advertise to fill said vacancy and allow an associate member of the Zoning Board of Appeals to serve until such time as the vacancy is filled by a registered architect or a registered professional engineer.