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HomeMy WebLinkAbout1941-01-06A74 l SELECTMEN'S MEETING ' January 6, 1941. A regular meeting of the Board of Selectmen was held. in the Selectmen's Room, Town Office Building, at 7t30 P.M. Chairman Giroux, Messrs. Potter, Rowse, Locke and Sarano were present. The Clerk was also present. At 7t30 P.M. Mr. Paxton appeared before the Board. He said that the uses of halls had been requested as followst Cary Hall by the Veterans of Foreign Wars, February 15th for a Maine Day celebration and dance; Auxiliary Veterans of Foreign Wars on March 9th in the afternoon Used of for a County Council Meeting; Lexington District Halls Committee Bog Scouts, Cary Hall on March 21st; Lexington Fire Department, Estabrook Hall on January 22nd; Chamber of Commerce, Estabrook Hall on January 24th for a meeting; Chamber of Commerce, conference room on January 17th for a meeting. Mr. Rowse moved that the uses be granted as requested free of charge. Mr. Potter seconded the motion, and it was so voted. Mr. Paxton seid that the Sacred Heart Church had re- ' quested Cary Hall on April 18th for its reunion. Mr. Potter moved that the request be granted subject to a charge of 015.00. Mr. Locke seconded the motion, and it was so voted. Mr. Paxton stated that a Mr. Davis had requested water and sewer services to 7 Abbott Road. They plan to extend the water main to serve this property. Mr. Locke said that this is a bad dead end and in the summer there is a bad taste in the water. Mr. Rowse moved that the Iain be extended from the present end to Oakland Street and that the order be signed as follows: COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Town of Lexington WHEREAS, the Town of Lexington at a town meeting duly called and held on December 30, 1940, duly adopted under Article 3 of the Warrant the following votet "VOTED: That an additional sum of $2,000.00 be appropriated for the installation of water mains in ' 0 ' such accepted or unaccepted streets as may be applied for, in accordance with authority contained in the by-laws of the Town, subject to the assessment of betterments, and to take by Eminent Domain any necessary easements therefor, this sum to be transferred from the Water Assessment Fund.„ VOTEDL By the Selectmen acting as a Board of Water and Sewer Commissioners under the authority of the foregoing 'rote and of every other power them thereto enabling, that a water main be constructed in Abbott Road from the present end a dis- tance of approximately 225 feet southeasterly, substantially In accordance with plan of Joseph A. Ross, dated January 4, 1941, and entitled, "Plan of Proposed Water Main in Abbott Road, Lexington, Mass. Scale 1 in. = 40 Ft. - Jan. 4, 1941 Joseph A. Ross - Supt. Water Dept." Betterments will be assessed for this improvement in accord- ance with the provisions of Chapter 80 of the General Laws. The area which it is expected will receive benefit of advantage other than the general advantage to the community from such improvement is described as follows: ' That portion of those properties on each side of Abbott Road beginning at the present end and extending southeasterly a distance of approximately 225 feet. The said area comprises the several lots shown upon the plan of Joseph A. Ross, Supt. Water Department hereinbefore re- ferred to�which are designated in the schedule hereto annexed and made a part hereof. We estimate the betterments that will be assessed upon each parcel of land to be as shown in the schedule hereto annexed and made a part hereof. Witness our hands at.Lexington aforesaid this sixth day of January, 1941. /s/ Archibald R. Giroux BOARD OF /s/ A. Edward Rowse SELECTMEN OF /s/ George W. Sarano THE TOWN OF /s/ Errol H. Locke LEXINGTON /s/ William G. Potter COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Town of Lexington January 6, 1941. Then personally appeared the above named Archibald R. Giroux, William G. Potter, A. Edward Rowse, George W. Sarano and Errol H. Locke and severally acknowledged the foregoing instrument and statement by them subscribed to be their free act and deed and the free act and deed of the Board of Water and Sewer Commissioners of the Town of Lexington, before me, Eleanor M. Lowe Notary Public My commission expires Oct. 9, 1947. SCHEDULE OF ESTIMATED -BETTERMENTS REFERRED TO IN THE FOREGOING ORDER. ABBOTT ROAD (From the present end a distance of approximately 225 feet southeasterly) Owner as of January 1, 1940 House No. Assessment Carroll C. Davis fi $184.50 n �s 1 Mr. Paxton said the Whitney lot across the street had never been assessed. The reason was that if it was assessed when the last extension was made, only a small portion of the lot could be assessed so it was decided to wait until the sewer *ain was extended in Abbott Road. The Whitney assessment would be $334.00 and no one has spoken to Mr. Whitney about it. The Board instructed Mr. Paxton to contact Mr. Whitney and tell him about the extension and report on the matter next week. Mr. Potter moved that the order be signed as follows. Mr. Locke seconded the motion, and it was so voted. COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Town of Lexington WHEREAS, the Town of Lexington at a Town Meeting duly called and held on March 25, 1940 and adjourned to April 6. 1940 adopted under Article 14 of the Warrant the following vote.- "Voted: ote: "Voted: That the Selectmen be authorized to install sewer mains in such accepted or unaccepted streets as may applied for ' during the year 1940 in accordance with St. 1897, Ch. 504, as amended, or otherwise, and to take by eminent domain any necess w y easements therefor, and for the purpose of said installation the sum of $loOOO.00 be appropriated, this money to be provided by transfer from the Sewer Assessment Fund", and at a meeting of the Board of Selectmen held on January 6, 1941, it was voted to authorize the extension of the sewer in Abbott Road, beginning at a point in the centerline of Abbott Road, said point being southeasterly of and distant about 82 feet from the southerly line•of Merriam Street, thence southeasterly distant gbout 245 feet, under the provisions of General Laws, Chapter 80, Voted: By the Selectmen, acting as a Board of Water and Sewer Commissioners under the authority conferred by Statute 1897, Chapter 504 of the Aets.in amendment thereof and in addition thereto, and of votes of the Town of Lexington pursuant thereto, that a sewer be constructed in Abbott Road beginning at a point in the centerline of Abbott Road, said point being southeasterly of and distant about 82 feet from the southerly line of Merriam Street, thence southeasterly distant about 245 feet, substantially in accordance with plan made by John T. Cosgf'ove, Town Engineer, dated January 3,. 1941 and entitled "Plan of Proposed Sewer in Abbott Road, Lexington, Mass., January 3, 1941 Scale 1 in. = 40 Ft. John T. Cosgrove, Town Engineer." Betterments will be assessed for this improvement in accordance with the provisions of Chapter 221 of the Acts of 1926. The area which 'ittis expected will receive benefit or advantage other than the general advantage to the community from such improvement is described as follows: That portion of those properties on both sides of Abbott Road from a point about 82 feet from the southerly line of Merriam Street, thence southeasterly distant about 245 feet. The said area comprises the several lots shown upon the plan hereinbefore referred to which are designated in the schedule hereto annexed and made a part hereof. We estimate the betterments parcel of land to be as shown in annexed and made a part hereof. that will be assessed upon each the schedule which is hereto Withness our hands at Lexington aforesaid this sixth day of January, 1941. Is/ Archibald R. Giroux /s/William G. Potter SELECTMEN /s/ Errol H. Locke /s/ A. Edward Rowse OF fs/ George W. Sarano LEXINGTON COMMONWEALTH OF MASSACHUSETTS Middlesex, ss.. Lexington, Mass, January 6, 1941 Then personally appeared the above named Archibald R. Giroux, William G. Potter, A, Edward Rowse, Errol H. Locke and George W. Sarano, and severally acknowledged the fore- going ore-going instrument and statement by them subscribed to be their free act and deed and the free act and deed of the Board of Water and Sewer Commissidners of the Town of Lexington, before me, /s/ Eleanor M. Lowe Notary blic My commission expires Octp 9, 1947. SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER. ABBOTT ROAD (From the present end, a distance of approximately 245 feet in a southeasterly direction Owner as of January 1, 1941 Lot No. Assessment Arthur C. Whitney $334.00 Carroll C. Davis 194.00 ms's tz Cd 1 ' Mr. Paxton said that this department had talked with all persons who signed the petition requesting that snow be lifted in front of filling stations and garages and also checled with any others they thought they would have to take care of if they started this practice. Each one has differ- ent problems and each one has a different request. He thought however, that the people were fairly reasonable in their requests. Mr. Paxton still thought that this would increase the snow lifting cost about 25% or 30%. Mr. Rowse said that it was necessary to lift snow in the. center of the Town because public - safety required it, but he felt that public safety would not require the lifting of snow from in front of garages. The Chairman requested.Mr. Paxton to make a list of the garages and filling stations in front of which snow is to be lifted and submit it to the Board. Mr. Paxton agreed to do this. At 8:00 P.M. a joint hearing with the Board of Appeals was held upon the application of George W. Bean for per- mission to erect and maintain a gasoline filling station on his property at 365 Bedford Street. Messrs. Glynn, Maddison, Kimball and Bowker of the Board of Appeals were present. Mr. Bean and his attorney, Mr. George S. Ryan of 485 ' Mass. Avenue, Arlington, and Mr. Niel McIntosh were also present. Mr. Bowker read the notice of the hearing before the Board of Appeals and Mr. Giroux read the notice of the hear- ing before the Board of Selectmen. Mr. Ryan said the plot of land gontained about 54,000 square feet and it was zoned for business. Both sides of the street are owned by Mr. and Mrs. Bean. They have 37 acres on one side and 20 acres on the other side. They are land poor now and have no income other than from the driving range which is operated in the summer only. Mr. Ryan said that if Mr. Bean could get permission for a gasoline station, he would have sufficient year round in- come to enable him to keep the property and make a living from it. Mrs. Bean inherited the property from her grand- mother and the land has been in the family for four or five generations. Mr. Ryan presented a blue print of the property. Mr. Glvnn asked if he had any plan for the station and he re- plied in the negative. He said however, that it would be a standard tyape station and that there was a Gulf station in Watertown very similar to what this one would be. The build- ing would have a two ear lubritorium with a waiting room and there will be three pumps outside. Mr. Glynn asked how far ' back the building would be and Mr. Ryun said that Mr. Bean would put the station wherever the Board wanted it to go. Any part of the lot would be agreeable to him. t Snow lifting in front of garages Board of Appeals gas station hearing 480 It has a frontage of 242 feet and a standard station has ' about 100 foot frontage. Mr. Glynn asked what hours the station would be open and Mr. Bean said that he planned to open at 7:00 A.M. and close at 11:00 P.M. Mr. Glynn asked how near the nearest station was and Mr. Bean said that there was one at the corner of North Hancock and Bedford Streets about 1/4 of a mile away. Mr. Glynn asked where it was proposed to put the new route 128 through in relation to, his property. Mr. Bean said it was planned to go through the center of his parking space which would leave about 100 feet between his house and the outer edge of the roadway. Mr. Kimball said if the proposed road went through the center of the parking lot it would leave only 50 feet on either side. Mr. Bean said the road went nearer one side of the parking space than the center. Mr. Neil McIntosh said he was opposed for the time being and that this property was only 130 feet from his property. He said that the location of route 128 was not decided yet and for that reason he thought all plans should be dropped; also for the reason that Mr. Bean has no definite plans for the proposed building. Mr. McIntosh said that Mr. Bean was granted a change in the zoning law some years ago in order to enable him to maintain the golf driving range and at that time he promised that he would not want anything more than the driving range but he is now going beyond that. Mr. Rowse ' asked Mr. Bean if he was going to give up the driving range and he said that he was not. Mr. Kimball said he talked with someone at the State House who said that this road was in the six year program and that the road would go through the business zone. He felt that the road would go directly through the Bean property and that most of the business area would be taken up by ramps. He also talked with an ex -member of the Metropolitan District Commission who said the Commission was not sure of an overpass at this point. Mr. Glynn asked Mr. Reran if he could get a plan of the station and he said he could get a plan of a similar station to what was planned. Mr. Kimball asked if they had made any definite arrangements with any company and Mr. Ryan said that the Standard Oil Company had approached Mr. Bean but no definite arrangements had been made. It would depend upon who would pay the better rent. No other persons wishing to be heard, the hearing was declared closed at 8:25 P.M. The group retired. The Chairman said that according to the Governorts figures, it is planned to spend about three and one quarter million dollars for Chapter,90 roads, and probably something over one million will go for maintenance. At the same time ' the Governor will recommend that the distribution of gasoline tax be cut by five million dollars.` u 1 r We received some $31,000.00 from this fund lastyear and if it is out in half this year, it will mean 75¢ on our tax rate. The Chairman thought it might be wise to sub- mit a heavy Chapter 90 program. Mr. Paxton said that we submitted Spring Street with a Town Contribution of $7,000.00 and Grove Street with a Town contribution of $1,500.00. No further action was taken on the matter. Mr. Rowse asked Mr. Paxton to make up some schedule of the sidewalks to be plowed and submit it to the Board for approval. Mr. Paxton agreed to do this. The Chairman said that Frank J. Thompson of Smyth Street had telephoned and was very much upset because he heard that the develdper was not going to continue Smyth Street. Mr. Paxton said that he understood the developer was not going to out through Smyth Street, the reason being that he would have to go through a 14,000 square foot lot. The Chairman asked Mr. Paxton to see Mr. Thompson and explain the matter to him. Mr. Rowse moved that the following licenses be granted. Mr. Sarano seconded the motion, and it was so voted. Chapter 90 Smyth Street development Morris Motors, 400 Waltham St. First Class Agent's Countryside, Inc. 400 Lowell St. Common Victualler's Edson A. Pero, 1786 Mass. Ave. " " Sanborn's Ce -Leet Ice Cream, 1781 Mass. Ave. Irving A. Rich, 314 Marrett Road Harriet L. Child, 1775 Mass. Ave. Calvin W. Childs, Concord Turnpike. Methyl Alcohol James Phillips, 1802 Mass. Ave. Common Victuallerts The Chairman reported that there were shortages in the following accounts: Water Services $178.18 Shortages in Registrars of Voters, Expenses 9.22 accounts Fire Department 500.00 Town Offices 25.00 Mr. Rowse moved that the Appropriation Committee be re- quested -to transfer these amounts from the Reserve Fund. Mr. Potter seconded the motion, and it was so voted. The Chairman said that Mr. Waddell said the other day that the Supreme Court had ruled that towns had no right to go into a Town Meeting and ask for money to pay bills in- curred in a previous year. 482 � Ali Mr. Rowse thought that the department heads should be written , a letter telling them that they should check their accounts so that they would not overdraw; that they must keep within their appropriation and if they did not, they would be held personally for it. The Board agreed that such a letter should be sent out. At 9;75 Mr. Morse appeared before the Board to discuss welfare matters and he retired at 9:50 P.M. Notice was received from the Division of Forestry App. of reminding of the law requiring the appointment of a Forest Forest Warden during the month of January. Mr. Rowse Warden moved that Mr. Edward W. Taylor be appointed Forest Warden subject to the approval of the Division of Forestry. Mr. , Potter seconded the motion, and it was so voted. Letter was received from David A. Rix offering to pay 'Rix offer the sum of $150.00 for Lot 10-B on Marrett Road now owned to purchase by the Town. It was decided to hold the matter over for one lot week. Letter was received from Clarence S. Walker, Treas. of the Lexington Trust Company, advising that they would have to petition the Board of Survey for the privilege of relocating Boulder Road. The petition if filed, would Lex. Trust be occasioned by reason of a house at the corner of Blake Co. re Sub- and Boulder Roads having been improperly located with no division allowance for the required twenty foot setback from Boulder Road. Mr. Walker said that the granting of this petition would subject the bank to a provision of the by-laws.which would require the building of the street within a definite time limit and in accordance with the road construction specifications of the Town of Lexington. He said that such requirements would be burdensome and unjustified. ' Mr. Walker requested the privilege of a hearing before the Board to discuss the matter. A letter was received from the Lexington Homes, Inc. requesting the privilege of a hearing to discuss the de- tails of the Board of Survey regulations with particular Meeting to rer'erence to the Lexington Country Club Estates Development, discuss Sub- bounded by Watertown Street and the Concord Turnpike. '-division reg. It was decided to hold a meeting at 8l00 P.M. on Thursday, January 23, 1941 for a discussion of the Sub- division Regulations. The Clerk was instructed to invite the various builders and developers to attend the meeting. Mr. Rowse moved that a notice of the meeting be placed in the paper and that the expense be charged to the Unclassified Account. Mr. Potter seconded the motion, and it was so voted. At 9;75 Mr. Morse appeared before the Board to discuss welfare matters and he retired at 9:50 P.M. Notice was received from the Division of Forestry App. of reminding of the law requiring the appointment of a Forest Forest Warden during the month of January. Mr. Rowse Warden moved that Mr. Edward W. Taylor be appointed Forest Warden subject to the approval of the Division of Forestry. Mr. , Potter seconded the motion, and it was so voted. ' Letter was received from the Lexington Savings Bank advising that on October 31,'1940 there was on deposit in that bank under Trustees.of Public Trusts, Cemetery Funds, a total principal of $24,485.00 represented by 187 separate accounts. Letter was received from the Planning Board stating that it agreed with the Selectmen that a close contact be tween the Planning Board and the department heads was de- sirable. They said that the provisions governing the es- tablishment of the Planning Board prohibited maklAg the Town Engineer an ex -officio member, but that he and the Superintendent of Public Works were welcome to attend any and all meetings. They said they would send copies of the records of the meetings to the Town Engineer and the Supt. of Public Works. Planning Board meeting Letter was received from the Planning Board suggesting that a hearing on the matter of the Middlesex Turnpike Hearing on Outlet be held in January. The Clerk was -instructed to re- Middlesex quest the Planning Board to set a date for the hearing and Turnpike to call it. Letter was received from the Town Treasurer advising ' that he had received the sum of $2500.00 under article 25 Gift of $2500. of the will of Leroy S. Brown. He said this money would Leroy S.Brown be turned over to the Trustees of Public Trusts after the Town had voted to accept the gift. The Chairman informed the Board that Mr. B. J. Harrington had passed away. Mr. Potter moved that the sum of $5.00 be spent for flowers to be sent to Mr. Harrington and that the expense be charged to the Unclassi- fied Account. Mr. Rowse seconded the motion, and it was so voted. Mr. Harrington was a former Fire Engineer and Fence Viewer. It was decided to have the flag placed at half stqff the day of the funeral. The Board discussed budgets as follows: Account Engineering Dept. - Personal Services Town Engineer Assistant Engineer Other Regular Employees Special Employees Clerical Service Total Requested Approved $30130.91 $3,000.00 2,296.00 25,296.00 6,079.17 62079.17 861.00 861.00 30.00 12,397.08 612,236.17 Flowers for Mr.Harrington 484 c Mr. Potter moved that the salary of Albert A. Miller ' be increased by $2.50 per week from April 1, 1941, Mr. Locke seconded the motion, and it was so voted. Engineering Department - Expenses $1,725.00 $875.00 The sum of $850.00 requested for the new station wagon was eliminated. Insect Suppression —Personal Services 300.00 300.00 Insect Suppression —Wages & Expenses 41620.00 4,520.00 Shade Trees - Wages & Expenses 2,315.00 29315.00 The Board approved $2,315.00 for this account of which $460.19 is to be transferred from the Storm Emergency Account and $500.00 from the Taylor Shade Tree Fund. Forest Fires - Personal Services 200.00 200.00 Forest Fires - Wages & Expenses 11200.00 1,200.00 Parks & Playgrounds - Wages & Expenses 10,643.00 10,300.00 Mr. Potter moved that the suo of $125.00 requested for ' expenses of the outing in the summer be approved. Mr. Locke seconded the motion, and it was so voted. Parks & Playgrounds - Outlay 6,575.00 6,625.00 An additional $50.00 was approved for the water connection to the swimming pool. Pensions - Fire Department 11107.81 1,107.81 Care of Dumps & Removal of Ashes 10900.00 11900.00 Garbage Collection 5,300.00 5$00.00 The Chairman said that in the warrant tonight was an item of $11.50 for clerical help'to the Town Engineer. He said that the clerical item in the Town Engineerts budget this year was disapproved, but there was sufficient money in the Personal Services Account to pay the bill. Mr. Potter moved that the bill be approved. Mr. Sarano seconded the motion, and it was so voted. The following commitments were signed. Water Miscellaneous charges $595.87 ' 1 Connections 12.40 n it 141.61 The meeting adjourned at 11:30 F.M. A true record, Attestt' ' Selectment.s Meeting of December 2, 1940 Page 442 omitted Winthrop Road Water Main. ORDER OF TAKING By the Town of Lexington of Easement for the Construction of a Water Main WINTHROP ROAD (From Waltham Street a distance of approximately 150 feet easterly) WHEREAS, at a meeting duly called and held on March 25th, 1940 and adjourned to April 8, 1940, the town meeting of Lexington pursuant to an article in the warrant of the meeting for which due notice was given, duly adopted by unanimous vote the following vote and made an appropriation therefor: "Voted: That the Selectmen be authorized to install water mains in such accepted or unaccepted streets, as may be applied for during the year 1940 in accordance with authority contained in the By -Laws of the Town, subject to the assessment of better- ments,, and to take by eminent domain any necessary easements therefore, and for the purpose of said installation the sum of $4,000. be appropriated, this money to be provided by transfer from the Water Department Available Surplus Account." AND WHEREAS, the right of way and easement hereinafter de- scribed and taken are necessary for the establishment and main- tenance of the said water main; NOW, THEREFORE, the Board of Selectmen of the Town of Lex- ington, acting as a Board of Water and Sewer Commissioners, for and in behalf of the said town, by virtue of the authority conferred upon them by the foregoing vote and of every other power them thereto enabling, hereby adopt this order of taking by eminent domain, for the said public improvement for the purpose of constructing and maintaining a water main in Winthrop Road a distance of approximately 150 feet easterly from Waltham Street as aforesaid, the f ollwwing easement, namely; The right to enter upon the land shown as Winthrop Road on a plan entitled, "Plan of Proposed Water Main in Winthrop Road, Lexington, Mass., Scale 1 in. - 40 ft., Dec. 21 1940, Joseph A. Ross, Supt. Water Dept." and owned by Albert A. & Alice M. Ross and Charles W. & Robert L. Ryder, Lexington Estates Trust, and construct therein a line of water main with all ' ,necessary connections. shut -offs, and appurtenances substantially as showion a plan of Joseph A. Ross, Supt, Water Department, 466 dated Dec. 2, 1940, to be recorded herewith. The easement covered by this taking includes the right on the part of the Selectmen of the said town or other duly authorized agents of the town to enter upon, dig up, open and use the land embraced within the said way as may be reasonably necessary for the purpose of initially constructing and thereafter maintaining, operating, inspecting, repairing and replacing from time to time the said water main, (the tald town being always bound to see that the ground after the completion of the work in each case is cleared of all surplus material and surface left in as smooth and good Condition as at the time of entry). Betterments will be assessed for this improvement in accordance with the provisions of Chapter 80 of the General Laws. The area which it is expected will receive advantage other than the general advantage to the community from such improvement comprises the several lots shown upon the plan of Joseph A. Ross, Supt. Water Department, above referred to, which are designated in the schedule hereto annexed and made a part hereof. We estimate the betterments that would be assessed upon each said parcel of land to be as shown in the said schedule. We determine that no damages have been sustained and none are awarded. ' To have and to hold the said easement to the Town of Lexington, its successors and assigns, to its and their own use and behoof forever agreeable to theprovisionsof the said Chapter 79 of the General Laws and all pertinent acts in amend- ment thereof or supplemental thereto. IN WITNESS WHEREOF the undersigned being a majority of the Board of Selectmen of Lexington aforesaid have hereunto subscribed our names this second day of December, 1940. /s/ Archibald R. Giroux fs/ William G. Potter SELECTMEN /s/ Errol H. Locke OF /s/ A. Edward Rowse LEXINGTON Isl George W. Sarano COMMONWEALTH. OF MASSACHUSETTS Middlesex, as. December 2, 1940 Then personally appeared the above named Archibald R. Giroux, William G. Potter, A. Edward Rowse, Errol H. Locke, and George W. Sarano, and severally acknowledged the foregoing instrument by them subscribed to be their free act and deed and the free ,act ' n D 1 of the Board of Selectmen of the Town of Lexington, before me, Is/ Eleanor M. Lowe Notary Public My commission expires Oct. 9, 1947. SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER. (From Waltham Street a distance of approximately 150 feet easterly) Owner as of January lsv, 1940 Albert A. & Alice M. Ross Charles W. & Robert L. Ryder, Lexington Estates Trust Assessment $131.16 142.20