November 10, 2025 Planning Board Special Meeting - WEHI Transcript

21 of 28 sheets Page 81 to 84 of 112 01/05/2026 03:19:18 PM 81 MR. PLOCKER: Now you're really being1 self-serving, Mr. Afran. And you know what, we have2 been very patient.3 MR. AFRAN: Oh, we have been patient, Mr.4 Plocker. Are you testifying yourself as the Planning5 Board?6 CHAIRMAN BAGOFF: Gentlemen.7 Mr. Kleinberg, if there's not adequate8 Q. displacement is there a danger of destabilization of the9 slope?10 I'm sorry. What's displaced?11 A. If there's not adequate displacement built into12 Q. the structure, isn't it correct that there's a danger of13 destabilization of the slope?14 I don't think so. I think the location of the15 A. building is probably far enough back.16 Well, you just said that putting the bulldozer17 Q. there destabilizes -- creates a risk of destabilization.18 Then when I asked you why the weight doesn't -- when I19 asked you why the weight of the building doesn't do20 that, you told me well, it's going to be displaced by21 the different foundational elements. Now I'm asking22 you, if it's not adequately displaced in the engineering23 plans is there a risk of destabilization of the slope?24 I could -- it could easily be designed so it25 A. 82 doesn't.1 And do you see the design yet to show that it2 Q. will not?3 I have not seen the design yet.4 A. MR. PLOCKER: Is that something that gets5 typically submitted to the Planning Board?6 THE WITNESS: I don't think so.7 And in your view can you say as an engineer8 Q. having looked at this problem that this building will9 not create a risk of destabilization when you haven't10 yet seen the displacement design of the plan?11 You can because it was modeled in the analysis as12 A. an average area building load of a thousand pounds a13 square foot. And, which is reasonable and they did an14 analysis with the building in place and without the15 building in place and they yielded the same safety16 factor.17 Have you seen a plan that shows that's the actual18 Q. displacement that will be incorporated into the building19 plan?20 It's -- it is in, at this stage of design it's21 A. common to use an average area of building load, which is22 what they did.23 Have you seen any plan that shows that level of24 Q. building load will be built into the plan?25 83 I think we addressed it in the report that the1 A. load is not extremely conservative, but that it's within2 the realm of reality.3 Have you seen a

4 Q. building load will be built into the plan?25 83 I think we addressed it in the report that the1 A. load is not extremely conservative, but that it's within2 the realm of reality.3 Have you seen a plan that shows that level of4 Q. displacement will actually be incorporated into the5 building plan?6 No, I have not seen a plan.7 A. Thank you very much.8 Q. But it's conventional at this stage of design to9 A. use an average area building.10 I understand that, but you didn't see a plan to11 Q. show that's how it will actually be done?12 No.13 A. CHAIRMAN BAGOFF: Mr. Kleinberg, is it14 normal in this process for the engineers to review the15 final plan before they get a permit to build?16 THE WITNESS: Review --17 CHAIRMAN BAGOFF: Is it normal in the course18 of events for the applicants to provide an engineering19 plan with all the safeguards in place to be evaluated by20 the engineer before they get a permit to build the21 foundation?22 THE WITNESS: Frequently you get a23 geotechnical report with recommendations on what the24 foundation design is and I believe there was one done by25 84 Shore Engineering for this particular structure.1 CHAIRMAN BAGOFF: Right. Before they get a2 permit to build is it the normal process that it would3 occur by an engineer to evaluate the plan to make4 recommendations to the applicant, is that correct?5 THE WITNESS: Yes.6 CHAIRMAN BAGOFF: Okay. Thank you.7 MR. AFRAN: Could you read that answer back.8 (The court reporter reads back the answer as9 requested.)10 MR. AFRAN: I object to your question Mr.11 Chairman, because it was premised on the fact, all the12 safeguards in place. I was asking about a specific13 problem, as to whether this engineer sitting here today,14 Mr. Kleinberg, could say there's adequate displacement15 built into the plan based on what he's seen. I wasn't16 talking about every possible safeguard. So I think your17 questions quite unjust to the issue I was raising.18 CHAIRMAN BAGOFF: I asked a different19 question.20 MR. AFRAN: I know, and the question seemed21 designed to suggest your board does not need to have22 this information.23 CHAIRMAN BAGOFF: No, we -- I never24 suggested that, you just did. I asked a question, you25