December 10, 2025, Planning Board Special Meeting - WEHI Transcript

01/14/2026 10:36:25 AM Page 53 to 56 of 144 14 of 55 sheets 53 Mr. Kleinberg. He's supposed to guess that that's1 happening, is that what you're saying?2 No.3 A. I'm sure you're not because it would be absurd.4 Q. Now, on Tuesday, December 9, after a restful5 weekend, Mr. Seel writes back to you in response to your6 four numbered points that you sent on December 5. And7 this is sent at 4:52 PM on Tuesday, December 9.8 Yesterday, after the close of business essentially. And9 he gives a detailed set of explanations in response to10 your four points. And those appear, he says, in red11 italic font below. Now, in the photocopies it's12 italicized in light gray. Now, I can't really study all13 this standing here because it's fairly extensive. But14 you would agree that you received on Tuesday these15 comments and didn't even think to send them to me that16 evening so I can have my engineer look at it during the17 day today?18 Talking about yesterday evening?19 A. Yeah. Why didn't you just forward them first20 Q. thing or last night and I would've immediately sent them21 to my engineer. You didn't give me that opportunity,22 why?23 Can I read the paragraph. The second paragraph24 A. on that third page?25 54 The third page of the document.1 Q. MS. McGOVERN: Yes.2 MR. AFRAN: The second paragraph.3 MS. McGOVERN: If you want to read it you4 can.5 The submittals -- I'm recommending what they6 A. should submit to resolve the issues that we had raised.7 And I said, "The submittals should be submitted through8 whatever channel has been established by the board for9 this purpose. Based on the last meeting, the submittals10 and response will be requested by the We Care team in11 order to resolve the slope issues. We will review them12 as soon as possible when they are received."13 So you knew then that we wanted the stuff, why14 Q. not just send it to us? There's no secret here. Why15 did you depend on some unknown board procedure to16 somehow get it to us when you could just have sent an17 e-mail in three seconds?18 I didn't get a response from them until yesterday19 A. afternoon.20 So why do you need the applicants engineer to21 Q. give you permission to communicate with my engineer when22 you're doing an independent evaluation?23 I was waiting for him to resolve the technical24 A. issues.25 55 Well, it would have been useful for us to at1 Q. least have known your

ith my engineer when22 you're doing an independent evaluation?23 I was waiting for him to resolve the technical24 A. issues.25 55 Well, it would have been useful for us to at1 Q. least have known your questions, so when these were2 finally resolved -- answered anyway -- well, are they3 resolved or are they just answered? You got them last4 night, all five.5 They're just answered. They don't agree with the6 A. recommendations that I have been making so they were7 just answered. Did not make, he did not make a --8 Well, if you had sent them to us in the morning I9 Q. could've at least had my engineer look at it and guide10 me when I cross-examined you. The pattern is -- there11 is a whole pattern of this, not just one day.12 Before I move on to another subject, do you13 understand the materials I am asking you for? The14 e-mails I referred to that may or may not exist. The15 e-mails memorializing phone calls on discussions you had16 where you sent the supervisor. Things of that nature?17 I do.18 A. Thank you.19 Q. I don't know that we can close this today.20 I want to go back to the November 14 e-mail,21 which summarizes discussions with the Anderson/Langan22 people. I am trying to understand the meaning of one23 phrase. "The analysis with seepage parallel to the24 slope." What does that refer to? Could you explain it.25 56 That is exactly that, a seepage. It's1 A. groundwater moving parallel to the slope.2 Moving down the slope?3 Q. Down the slope.4 A. Okay.5 Q. So groundwater that comes from the top of the6 ridge in many instances will travel down the slope?7 Right. And it's being, and in the case of heavy8 A. rainfall it's being supplied by rain falling directly on9 the slope.10 So we have both runoff, especially in heavy11 Q. storms, and we have direct infiltration in heavy storms12 on the slope itself?13 Right. And these were conditions that none of14 A. the two engineers had brought up that we asked them to15 address.16 Well, that's why it's so very important we be17 Q. given copies of these because you're raising new issues.18 That's the point.19 MR. PLOCKER: I just want to make clear,20 when you say, the two engineers, who are you referring21 to? Are you referring to Princeton Hydro and Mr. Seel22 or Mr. Anderson?23 THE WITNESS: Yeah.24 MR. PLOCKER: Thank you.25