Article 97 of the Amendments to the Massachusetts Constitution, approved by the voters in 1972, established a right to a clean environment including its natural, scenic, historical, and aesthetic qualities for the citizens of the Commonwealth. 

It also provided that any land, an easement, or interest in real property protected by Article 97 shall not be used for another purpose without a two-thirds roll call vote of both houses of the Legislature. 

To authorize the change in use of Article 97 land, the Town must secure a two-thirds vote of Lexington Town Meeting, a two-thirds roll call vote of both houses of the Legislature, and a determination and finding from the Secretary of the Executive Office of Energy and Environmental Affairs (EOEEA) following submission of required documents to their office.   

The administrative policy and state-announced goal of No Net Loss generally provides that a change in use of Article 97 land must be compensated for and/or replaced with land of equivalent financial and natural resource value.  

An Act Preserving Open Space in the Commonwealth, known as the Public Lands Preservation Act (PLPA), was enacted in November 2022, establishing the process and criteria for submitting these “Article 97 bills” to the Legislature to authorize a new use. 

The Town must identify replacement land in order to secure approval to change the use of Article 97 Land. This replacement land must not already be subject to Article 97, and must be in a comparable location, be a comparable size, and be of equal or greater natural resource and monetary value as determined by the Secretary of EOEEA. 

The existing 57.8-acre parcel, known locally as “Center Rec and High School”, is under the care and custody of the Town of Lexington. Approximately 36.8 acres are protected under Article 97, and 21 acres are not protected.  Most of this land will not be changed by the High School project. 

However, the high school project will be requesting an approximately 7.9-acre swap between protected and unprotected land.  That is, 7.9 acres of land currently occupied by the High School will become open space and athletic fields, and 7.9 acres of land currently occupied by athletic fields and open space would become the site of the new High School building. 

The land is all within the same 57.8-acre complex and therefore is in a comparable location. The proposed replacement land will provide an additional 0.8 acres of athletic fields, which is much needed within the Town.  Further, the Town has worked to ensure that the facilities being built as part of the High School project are as equivalent as possible for athletic purposes as those that will be the site of the new building. 

See PowerPoint presentation/recording for a description of the delineation of the lots. 

Before the Town can ask the Legislature to enact legislation authorizing a swap of land for the new High School, it must submit documentation to the EOEEA in the “PLPA Portal”, a state website intended to make sure such submittals are transparent and available for public review.  These documents, which will be submitted to the PLPA Portal, will summarize the Town’s public process leading to the current project proposal, and include:  

• an explanation of why the proposed change in use is necessary; 

• an alternatives analysis; 

• maps and descriptions of the impacted land; 

• maps and descriptions of the proposed replacement land; 

• a description of the current Article 97 uses and natural resource value;  

• an appraisal report; 

• approvals by public agencies; and 

• submission of the draft authorizing legislation. 

Information required includes: 

• a written notification to the public and the Commonwealth,  

• finding of necessity,  

• alternatives analysis, 

•  replacement land,  

• funding arrangements, 

•  any proposed funding-in-lieu of replacement,  

• natural resource report,  

• appraisal report, 

• any waivers sought,  

• approvals by public agencies,  

• and submission of the authorizing legislation with some of that documentation to accompany it. 

The Town has engaged in over 200 public meetings about the High School project, including 12 Community meetings, 5 Abutter Meetings, The Discovery Day Event, Farmers Markets, Senior Community Center Events and future events planned from now till Town Meeting approval. At these events the project team has discussed various alternatives to efficiently use the land available to the Town for both school and field purposes.  Town staff and consultants have also been meeting with local boards and State Representatives about the proposed project and Article 97 requirements since October 2024.  

Project proponents have been discussing the necessary land swap at School Building Committee (SBC), Permanent Building Committee (PBC), Abutter, and Community Meetings since January of 2024 through today. 

The design team has been working in conjunction with the School Department, Public Facilities, and the Recreation department, and has confirmed the limits of the land swap and the proposed future land uses as outlined in the attached figures. 

What is next? 

The Town will submit its materials to the PLPA portal in August. 

The project also requires a filing under the Massachusetts Environmental Policy Act (MEPA). This process requires a detailed project application to the State agency for multiple agency review and is expected to be submitted late this summer.  The MEPA process will also create an opportunity for additional public input.  

The Town intends to request Town Meeting Approval of the proposed land swap during a Fall Special Town Meeting tentatively planned for early November. The Town will also need to have a Town-wide ballot vote to authorize the issuance of bonds needed to finance the project. 

The Town will continue to meet with State representatives to confirm the language and timing of the submission of the required legislation. After the EOEEA issues a decision on the proposed change in use, the Town will file its bill with the Legislature following Town Meeting approval.