January 14, 2026, Planning Board Special Meeting - WEHI Transcript

3 of 53 sheets Page 9 to 12 of 122 02/03/2026 04:49:05 PM 9 case it requires additional information. Above that1 then is an e-mail from you dated December 1, and that2 e-mail contains a statement of your evaluation of3 certain issues. And four lines from the bottom of the4 main paragraph in that e-mail a sentence that reads as5 follows: "While the groundwater level has not been6 established, severe rainfall developed a purged water7 condition over the bedrock with seepage parallel to the8 slope. The output indicates that the infinite slope9 cases for Sections A and B are above the assumed seepage10 level and do not address our recommendations."11 Now, following that e-mail, and I am only reading12 this background so we get to where the relevant e-mails13 are. If you turn to the next page going forward, two14 pages actually, there's an e-mail dated December 2, 202515 from Mark Seel to yourself and others. And that says,16 "Sam, a couple observations and thoughts." You see that17 section?18 I am looking at it now.19 A. Great. If you turn to the next page there are20 Q. three paragraphs and in paragraph number three I would21 like to direct your attention.22 MS. McGOVERN: This is the Tuesday,23 December, 2 e-mail at 1:24 PM?24 MR. AFRAN: Bear with me, please. Yes.25 10 MS. McGOVERN: Okay. Paragraph 2, "Our1 cases are accounted for."2 MR. AFRAN: I am directing actually Mr.3 Kleinberg to Paragraph 3.4 MS. McGOVERN: Oh, I'm sorry. The strength5 values, that one? I just want to make sure, because6 they keep running and I want to make sure.7 MR. AFRAN: Yeah. No, that's correct. Yes.8 Yes. For the record, this is one of the documents that9 Mr. Kleinberg forwarded to the board and it's a chain of10 several e-mails, there were other documents that had11 some of these other e-mails, this one happens to be a12 complete set, as far as I can see, so I am using this13 one rather than having repetition.14 Now, if you look at Paragraph 3, Mr. Kleinberg,15 Q. there is a discussion that contains Mr. Seels -- rather16 Mr. Seel has a discussion of certain issues, do you see17 that?18 Yes, I do.19 A. Now, at the bottom of Paragraph 3 there is a20 Q. phrase, CME Response. Here it's in bold, I think it's21 in red in the original. Do you see that phrase and22 response?23 Yes, I do.24 A. Okay.25 Q. 11 Now, before we go further let me ask you a few1 basic questions. In dealing with the

bold, I think it's21 in red in the original. Do you see that phrase and22 response?23 Yes, I do.24 A. Okay.25 Q. 11 Now, before we go further let me ask you a few1 basic questions. In dealing with the issue of slope2 stability, there are several factors to consider. This3 one is the tendency of course grains to adhere or not4 adhere in certain circumstances and that would refer to5 angle of friction that you testified to earlier, is that6 correct?7 Correct.8 A. And obviously every type of soil particle,9 Q. whether it's sand or clay or gravel particles or topsoil10 has a different angle of friction, is that correct?11 Yes.12 A. And that relates to the fact that when these13 Q. particles are at angles above their natural angle of14 friction they will have less stability, is that fair to15 say?16 That's fair to say.17 A. Now, in this paragraph Mr. Seel makes a statement18 Q. that --19 MR. AFRAN: Now I want to point out to the20 board, Mr. Chairman, if I may. I am addressing what's21 said here because it's said.22 MS. McGOVERN: Yeah, I understand that.23 MR. AFRAN: But --24 MS. McGOVERN: But it was marked as O-38 at25 12 the last hearing. It was what you had provided to me.1 MR. AFRAN: Well, yes. But there was no2 witness to testify to the factual basis here. It was3 provided to us but it's not my exhibit. I didn't offer4 it.5 MS. McGOVERN: You cross-examined -- yes,6 it's Objector 38, you presented it and you7 cross-examined him on it.8 MR. AFRAN: That's fair enough. I am not9 suggesting that what is says here by Langan Engineering10 is factually correct.11 MS. McGOVERN: We're not accepting -- we're12 not suggesting -- my point is that you cross-examined13 him on documents that I thought were newly provided to14 you.15 MR. AFRAN: They were newly provided16 documents in the series and I have to go through this to17 get to the rest.18 MS. McGOVERN: Okay. All right. Well,19 understand that the board has already --20 MR. AFRAN: No, no, I understand that.21 Now, the second area of slope stability that's22 Q. very typically looked at is something called, root23 cohesion, is that correct?24 That's what his paragraph refers to.25 A.