July 30, 2025, Planning Board Special Meeting Transcript - WEHI

13 of 33 sheets Page 49 to 52 of 130 09/16/2025 06:29:53 AM 49 great habit of saying no, no, no, they didn't say that.1 Now Mr. Plocker is doing the same thing.2 Is it your testimony there were no water lines on3 Q. the plans?4 MR. AFRAN: He never said that, Mr.5 Chairman. This is nonsense.6 CHAIRMAN BAGOFF: He did. I'm sorry, he7 did.8 MR. PLOCKER: He did.9 MR. AFRAN: Waterlines --10 CHAIRMAN BAGOFF: He did say there were no11 waterlines.12 MR. AFRAN: He never said that.13 THE WITNESS: I saw sewer lines, I didn't14 see waterlines.15 MR. AFRAN: Water supply.16 Maybe you missed them?17 Q. I could have.18 A. Okay.19 Q. MR. AFRAN: Is counsel prepared to show that20 he's wrong on his cross or --21 MR. PLOCKER: I can --22 MR. AFRAN: Excuse me. Let me finish my23 question.24 MR. PLOCKER: I can cross him in any manner25 50 I want.1 MR. AFRAN: Let me finish my -- no, you2 can't. There are rules. Is counsel prepared to show --3 excuse me.4 CHAIRMAN BAGOFF: Excuse me gentlemen.5 Okay. Mr. Afran and then Mr. Plocker.6 MR. AFRAN: Is counsel prepared to show the7 witness plans that show water source supply pipelines or8 is counsel simply asking the board to assume somehow9 that they magically exist so the board can have an10 impression left without any support.11 MR. PLOCKER: Which is exactly what your12 witnesses have been doing.13 MR. AFRAN: Excuse me. Cross-examination14 requires more than just inviting speculation. Is Mr.15 Plocker prepared to show this witness that he missed16 this.17 CHAIRMAN BAGOFF: Well, you said in your18 statement for the question and he, Mr. Green, involved19 himself in speculation also.20 MR. AFRAN: When did he do that, Mr.21 Chairman?22 CHAIRMAN BAGOFF: He said that there's no23 evidence of any water supply. There's no evidence of24 any connection to the sewer system. So he's saying that25 51 in his mind, in his expert opinion, there is none.1 MR. AFRAN: No, Mr. Chairman. He said he2 examined the plans and saw no connections of those3 nature. He did not speculate, he said specifically as a4 civil engineer I have examined those plans and those5 connections are not on the plans. That is not6 speculation.7 CHAIRMAN BAGOFF: He also speculated about a8 water tower. There's no water tower. He speculated9 about the need for a water tower and pumping of the10 water tower. So there was some speculation in his11 testimony.12 MR. AFRAN: Mr. Chairman,

t a8 water tower. There's no water tower. He speculated9 about the need for a water tower and pumping of the10 water tower. So there was some speculation in his11 testimony.12 MR. AFRAN: Mr. Chairman, you're13 characterizing a witnesses professional statement that14 you need some fire suppression in a development plan as15 speculation. That's not speculation. He said there's16 no evidence -- excuse me. He said there's no evidence17 in these plans of a fire suppression system by a way of18 sprinklers or otherwise or a fire suppression tower. He19 did not speculate, he said they're not there. I don't20 -- I resent frankly the Chair of the board suggesting a21 witness is speculating when he said he read the plans22 and it's not there. It's not speculation.23 CHAIRMAN BAGOFF: You talked to him about24 pumping stations, he spoke about pumping into the water25 52 tower. I'm sitting here listening to him, that's what1 he said.2 MR. AFRAN: He said these things don't3 exist. He's not speculating that they don't exist. He4 said he examined the plans and they are not there.5 That's not speculation. It's improper to suggest that.6 CHAIRMAN BAGOFF: He also covered what would7 be needed. That was the question, would this be needed.8 He said, yes. Yes, this would be needed.9 MR. AFRAN: That's not speculation. That's10 a statement of a civil engineer who says these things11 are needed in a development plan. I don't know why12 you're calling this witnesses testimony speculative.13 CHAIRMAN BAGOFF: Is that the only thing14 that is possible for fire suppression or it's an15 alternative for fire suppression?16 MR. AFRAN: He specifically stated there's17 no evidence of a sprinkler or other suppression system18 and no evidence of a fire suppression tower to provide19 water when a fire suppression system fails due to20 electric failure. He was not speculating. He gave very21 specific testimony. Now, if Mr. Plocker want's to say22 and demonstrate that that's not necessary, that's fine.23 But to say this man speculated is improper.24 CHAIRMAN BAGOFF: So you're telling us his25