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

3 of 55 sheets Page 9 to 12 of 144 01/14/2026 10:36:25 AM 9 that was the purpose. It could be necessary to write1 our report to at least visit the site.2 Well, the issues you write in the report are3 Q. things you couldn't see on the surface. And both4 engineers speak of fracturing and internal fracturing,5 so no matter what you wouldn't see that on the surface,6 would you?7 Correct.8 A. Now, what part of the site did you actually do9 Q. this visual, I will use the word inspection, for lack of10 better word, but I understand how you described it?11 Walked along across the ridge in the area of the12 A. building. There were representatives of Anderson13 Consulting firm with us and so I walked across the ridge14 adjacent to the proposed Building D and about halfway15 down the slope and looked at the rock outcrops that are16 at the top of the slope.17 And you went down the slope part way yourself you18 Q. said?19 Just 100-feet, maybe.20 A. Well, that's a distance. I'm asking, so you went21 Q. down about 100-feet on the slope?22 On the slope, yeah.23 A. Below the ridge, so to speak. 100-feet on the24 Q. hypothesis?25 10 Right.1 A. Now, how did it come about that you were with the2 Q. Anderson people?3 We called the town engineer and asked if a4 A. meeting, if we could get permission to access the site5 and we were directed to Mr. Anderson to arrange for the6 visit to the site and he was there with a couple of his7 associates.8 I see. And you didn't speak with Mr. Goll in9 Q. that connection, did you?10 No.11 A. You didn't speak --12 Q. I don't know Mr. Goll and I did not speak -- I do13 A. not know who he is.14 Well, he's the gentleman who wrote the report you15 Q. were evaluating from Princeton Hydro, isn't he?16 Right. Okay. No, he was not present.17 A. And you didn't call him to say, I am going with18 Q. the Anderson people and would you want to come?19 No, I did not.20 A. Why not?21 Q. I didn't, I didn't think of it.22 A. You were retained, as Dr. Bagoff said, to produce23 Q. an independent -- "independent" evaluation between the24 two sets of engineers reports, isn't that correct?25 11 Correct.1 A. And were you in fact told or does your contract2 Q. say you have to do an "independent" evaluation?3 I'm sorry, could you repeat that.4 A. At what time were you told by the board that you5 Q. had to do and the independent evaluation?6 I didn't receive any specific

to do an "independent" evaluation?3 I'm sorry, could you repeat that.4 A. At what time were you told by the board that you5 Q. had to do and the independent evaluation?6 I didn't receive any specific instructions from7 A. the board.8 Now, do you understand that your -- strike that.9 Q. Do you have an understanding that your evaluation10 was to be as an "independent expert?"11 I believe that's the way I performed it.12 A. By only consulting with the applicants engineers13 Q. and not --14 MR. PLOCKER: I am going to object. I don't15 believe he testified he consulted with them. I believe16 he testified he asked for permission to visit the site17 and that he was directed to Mr. Anderson because Mr.18 Anderson is familiar with the walkable egress and19 ingress of the site. Otherwise Mr. Afran can ask him20 what he wants, but I don't think that's what Mr.21 Kleinberg testified to, respectfully.22 MR. AFRAN: Well, I think walking the site23 with the applicants engineering staff does constitute24 consulting with them during the inspection might be a25 12 reasonable standard. Mr. Plocker just indicated they1 had a discussion about being directed to various parts2 of the site. I think the question is valid.3 MR. PLOCKER: If I need to use the restroom,4 do I consult over to the restroom?5 MR. AFRAN: If you're talking to your6 engineer in the restroom, yes.7 MR. PLOCKER: I don't understand.8 MR. AFRAN: I think the engineer here on the9 stand is quite experienced and can take care of himself,10 if he feels he can't answer the question.11 CHAIRMAN BAGOFF: I think he answered the12 question if had he consulted, he said, no, he didn't.13 He's the expert.14 You were doing an independent evaluation as you15 Q. said, correct?16 Correct.17 A. Why did you think it's appropriate in doing an18 Q. independent evaluation to only have the applicants19 engineers present and not the objectors engineer?20 I didn't think that broadly. I just wanted to21 A. see the site and get -- and then do the technical22 evaluation.23 What did the applicants engineer do in connection24 Q. with your visit when you were there?25