September 11, 2024 Planning Board Special Meeting Transcript - WEHI

09/27/2024 06:14:01 AM Page 29 to 32 of 180 8 of 71 sheets 29 point, not pinch line, is there a distinction in your1 understanding between the high point of what we call the2 ridge and the pinch point or are they the same?3 I, I'm not quite sure what you're asking because4 A. the, there's, there was reference made to the closet5 point that the building is to the ridge line as a pinch6 point because it's only a close point but being that the7 building has jukes and jogs and ins and outs and has8 geometry and the ridge line is not a straight line,9 different parts of building have different dimensions.10 I was only asking because I want it to be clear11 Q. on the record because I didn't understand it myself. So12 you're saying there's a pinch point means the closest13 point of the structure to the high point of what we call14 the ridge. Is that fair to say?15 I don't know that the high point is, is -- that's16 A. what's confusing, because you're putting a bunch of --17 Let me rephrase it.18 Q. MR. PLOCKER: But they are, and I'll let you19 continue, I think the ridge line term is a bit of a20 misnomer. Everybody has referred to the ridge line,21 including the ordinance and in the Settlement Agreement,22 that is a dotted line on a map. It doesn't necessarily23 mean it's the highest point or a steep point, as Mr.24 Anderson and Mr. Appel testified to. The land in that25 30 area remains flat for a certain point east of the ridge1 line or the dotted line. See, I did it. The point of2 the ordinance, the point of the Settlement Agreement is3 if it's not -- that's not the cliff. That's, it's just4 a point that any portion of the building, as long as it5 remains west of the line, complies with the ordinance.6 So to say that that is a pinch point or that is the7 height of the ridge line, I don't think anyone here has8 testified to that. It's just a dotted line on a map and9 I think that is an important distinction during this10 proceeding.11 I appreciate that, I'm just trying to understand12 Q. what pinch point means in relation to the dotted line.13 That's my question.14 MS. McCARTHY: This witness ever use pinch15 point?16 MR. PLOCKER: No, I don't believe he did. I17 believe it came up in questioning.18 MR. AFRAN: I thought he did, that's why I19 was asking.20 Mr. Appel, is that a term you used?21 Q. I may have in my testimony referred to that the,22 A. when asked

believe it came up in questioning.18 MR. AFRAN: I thought he did, that's why I19 was asking.20 Mr. Appel, is that a term you used?21 Q. I may have in my testimony referred to that the,22 A. when asked questions what the closest point was to the23 building.24 So that's why I'm asking you, because I recall25 Q. 31 you used the phrase and it's not clear in the record1 what that refers to. So I just want to understand it.2 The pinch point, is that the part of the building that3 comes closest to what Mr. Plocker just called the dotted4 line?5 That's correct.6 A. Okay. Thank you.7 Q. Now, is there only one pinch point or is the8 pinch point in different parts of Building D?9 I only made reference to one pinch point.10 A. Okay.11 Q. Is that the point where Building D comes closest12 to the dotted line?13 That's correct.14 A. Thank you. I just wanted to clarify.15 Q. MR. AFRAN: Mr. Bagoff, I'll just take a16 moment. I'm just checking my notes.17 CHAIRMAN BAGOFF: Mr. Afran, are you18 finished, I'm sorry.19 MR. AFRAN: No, I have one additional20 question.21 Looking at, if we go back to 4.4B or 4.C, doesn't22 Q. really matter. I'm really looking for a depiction of23 the slope versus Building D, so I think that was 4.4B or24 C.25 32 It's either 4.4B or 4.4C.1 A. I don't think it matters which one.2 Q. This is the, I need the other PowerPoint.3 A. CHAIRMAN BAGOFF: Let the record show4 Council President Rutherford joined the board.5 MR. AFRAN: Mr. Chairman, I just need a6 moment to speak with my client, I'm sorry. I apologize7 for the delay.8 Thank you.9 Q. We have 4.4C on the screen. This is not directly10 what I'm asking you to comment on but it gives us the11 diagrammatic image.12 Now, Building D is pictured to the left and the13 slope is pictured to the right and then there's kind of14 representative house in the very bottom as you spoke15 earlier.16 Now, if you could move back towards the left side17 again and just show Building D. That's perfect.18 Now, the top of the building have you determined19 by any measurements whether it exceeds the height of the20 tree line that is in existence on the slope at any point21 surrounding the building today?22 So the building, you're asking that is the height23 A. of the roof above the existing tree line at any24 location?25