September 11, 2024 Planning Board Special Meeting Transcript - WEHI

09/27/2024 06:14:01 AM Page 5 to 8 of 180 2 of 71 sheets 5 attorney needs to question him now.1 CHAIRMAN BAGOFF: Mr. Afran.2 MR. AFRAN: Yes. Thank you. Good evening3 Chairman, good evening members. If I'm a few minutes4 late and if I held you up, I apologize.5 I'm going to start over.6 Good evening, I'm Bruce Afran, A-F-R-A-N.7 I'm counsel for the objectors, We Care, and I was saying8 that I apologize if I was late and caused any delay.9 I have some cross examination, won't be --10 well, everybody says it won't be that long, so I'll11 withdraw that. I don't think it will take very long.12 Good evening, Mr. Appel.13 Q. Hello.14 A. When Mr. Anderson testified he indicated there15 Q. was no balloon test undertaken because the canopy of the16 trees didn't allow the balloon movement, do you recall17 hearing that?18 I do recall hearing that, yes.19 A. Now, I understand the reason he gave but the20 Q. balloon test is mandatory in the Settlement Agreement,21 is it not?22 MR. PLOCKER: I'm going to object, if I may.23 The balloon test was something that the condo24 association asked for and was contained in the exhibit25 6 to the Settlement Agreement regarding our obligation to1 the condominium association and I believe Mr. Anderson2 testified he didn't, certainly make it clear that they3 were out in the field and when they saw the sight lines4 and the view, they agreed that it wasn't necessary.5 MR. AFRAN: So the answers, yes, it is part6 of the Settlement Agreement and is required in the7 Settlement Agreement, does Mr. Plocker agree with that?8 MR. PLOCKER: I'm going object to the9 phrasing of the question. I know we're not in a court10 but that is very misleading.11 MS. MCGOVERN: I'm going to agree, what I12 think is the Settlement Agreement speaks for itself. If13 you want to highlight that paragraph, feel free to put14 that on the record, but otherwise I think that's the15 answer.16 MR. AFRAN: Well, the Settlement Agreement17 requires a balloon test which was not done for the18 reason Mr. Anderson gave.19 Now, my question Mr. Appel, are there any other20 Q. types of tests that can be done when a balloon test is21 impracticable or cannot be undertaken for any reason?22 To achieve what?23 A. To achieve an identification of how visible the24 Q. height of the buildings will be, which is the purpose of25 7 a balloon test in the first place?1 One would be to physically

2 To achieve what?23 A. To achieve an identification of how visible the24 Q. height of the buildings will be, which is the purpose of25 7 a balloon test in the first place?1 One would be to physically measure the height of2 A. the tree, because that's typically what, one of the3 things that a balloon test is doing. Other than that,4 perhaps a drone. But that's, I'm not aware of other5 tests to do.6 Well, nothing else was done, to your knowledge,7 Q. to identify the height relative to both the trees and8 the visibility to other houses?9 I'm not aware of other, other tests that were10 A. done.11 Thank you.12 Q. Now, I would like to ask if you would put on the13 screen, and I'm not sure which of the slides it is.14 We'll start with 4.1. I don't have a set of these15 myself, so I'm not absolutely certain which number it16 is.17 Stop. If you can go back to 4.1.18 That's good. That's fine right there.19 Let's go to C, please. Okay.20 Both 4.4C and B depict the slope in different21 orientations, is that correct?22 Yes, if you look at the key map it indicates23 A. where those sections were taken.24 Now, if you look on 4.4 the screen we have in25 Q. 8 front of us, 4.4C, if you could move that just at little1 bit over to the right so we see the beginning corner.2 That's it. Thank you.3 Now, we have a house that's depicted on the4 bottom of the slope as you see. That's obviously meant5 to be an idealized demonstration of a house at the base,6 is that correct?7 Just diagrammatically.8 A. Right. So I said idealized, it's9 Q. diagrammatically illustrative. It's not intended to10 show existing conditions in any particular way, except11 if there are houses at the bottom?12 That's correct.13 A. Now, what is, I can't quite see because it's not14 Q. clear, at the very beginning of the slope there's two15 words, I can't make them out, at least my eyes can't.16 MR. KLEIN: Rosemont Terrace.17 Thank you.18 Q. Now, there is a point of a sight line that19 continues from that base right there. Now, Rosemont20 Terrace is referring to a street, is that correct?21 Correct.22 A. So you're referring to the grade of the street at23 Q. the beginning of the sight line, is that correct?24 That's correct.25 A.