October 29, 2025, Planning Board Special Meeting - WEHI Transcript

11/19/2025 04:42:31 PM Page 29 to 32 of 149 8 of 59 sheets 29 to his satisfaction, not merely addressed and that was1 my problem.2 CHAIRMAN BAGOFF: Okay. I think the word3 address --4 MR. MacNEILL: So I'll change it to your5 satisfaction. If they addressed all the comments that6 are remaining in your letter to your satisfaction would7 you write a letter that indicates you have no further8 objection as it relates to the stormwater management?9 THE WITNESS: Well, can I ask a question to10 the question. I don't -- for the mottling, we think11 it's higher, I think they're saying it's lower for the12 seasonal high water table. Are they going to dig up 5013 test pits and take photographs and show us. Like I14 don't know the nature of how they would answer the15 question.16 CHAIRMAN BAGOFF: If they answer to your17 satisfaction, hypothetically, whatever they would have18 to do to make you satisfied, you're the expert. You19 testified, you said that there are these requirements,20 if they fulfill the requirements, these four21 requirements.22 MR. AFRAN: Same objection.23 THE WITNESS: But how, to the mottling24 question, I'm not trying to be difficult.25 30 CHAIRMAN BAGOFF: They go back to do more1 tests.2 THE WITNESS: They dig 100 test pits and3 take photographs?4 MR. CARDOZA: For the sake of argument.5 THE WITNESS: For the sake of argument --6 MS. McGOVERN: Using the suggestion earlier7 that if you take four or five, I think you said five,8 you did them very close to the ones that they already9 did, you have an independent person do that to see10 whether, because you were suspicious, if somebody does11 that independently despite that, I'm not asking -- I'm12 not suggesting they do that, and came out with the same13 findings, would that satisfy you?14 MR. AFRAN: It might not satisfy the15 objectors as a matter of law because it depends on the16 nature of those tests. The engineer can give an opinion17 but I want to be clear, just because he's my witness18 doesn't mean the objector necessarily would agree in19 advance to commit to validating tests.20 CHAIRMAN BAGOFF: Mr. Afran, you're going21 off base here. It's a simple question. The man22 testified as an expert, he said these things need to be23 corrected, however he decides they need to be corrected.24 If they are, Mr. MacNeill is saying, would that satisfy25 31 you. And now this hemming and hawing, I'm thinking

aid these things need to be23 corrected, however he decides they need to be corrected.24 If they are, Mr. MacNeill is saying, would that satisfy25 31 you. And now this hemming and hawing, I'm thinking --1 the board is listening very carefully and it's a simple2 question. So in this case he can't say yes, so I'm3 thinking there's something else that I'm missing here.4 THE WITNESS: No, no, no. I'm, I'm just5 trying to figure out the level to degree. The mottling6 --7 CHAIRMAN BAGOFF: Whatever degree -- if you8 need another independent agency expert to come in and do9 these test pits and finds mottling or no mottling.10 THE WITNESS: So can I just talk for a11 minute and talk it out. So like if they do five --12 CHAIRMAN BAGOFF: I'm sorry. I'm not asking13 the objectors to agree, I'm just asking him as a14 professional.15 THE WITNESS: Understand. I'm just trying to16 understand. That's all.17 CHAIRMAN BAGOFF: Let's say you need 20 test18 pits, just arbitrarily you need 20 test pits and 20 test19 pits are done and you guys, after the expert looks at it20 --21 MR. AFRAN: What if they're not --22 CHAIRMAN BAGOFF: Let the expert speak. He23 testified to something, I'm trying to understand.24 THE WITNESS: So I guess this is where I25 32 would, it would be more conditional for me. Because1 suppose they do 20, suppose we're right on ten but2 they're wrong on, you know, their ten are different.3 Well, then obviously -- well, wait a minute, do you need4 to take more, do you have hundred of them?5 MS. McGOVERN: You're not following. If6 they do 20 test pits and they all came out the same way7 that their experts came out, we're trying to figure out8 if there's anything else besides what you said in this9 report that you take issue with on stormwater10 management?11 MR. AFRAN: My objection is this is a set up12 question.13 MS. McGOVERN: No, it's not.14 MR. AFRAN: Let me finish. Let me finfish.15 CHAIRMAN BAGOFF: Ladies and gentlemen, an16 expert testifies on his license and says something to17 the board, any one of you that would've come up with an18 application for your home would expect the same level of19 expertise and honesty. We're requiring an answer based20 on testimony. It may not be answerable, but if the21 answer is, these things need to be corrected and they're22 corrected to your satisfaction, then you come up with23 the answer. I'm just asking, the answer may

y. It may not be answerable, but if the21 answer is, these things need to be corrected and they're22 corrected to your satisfaction, then you come up with23 the answer. I'm just asking, the answer may be well,24 no, I don't want to do that and that's okay. But the25