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I <br />I <br />I <br />F <br />Georec Jemuich Condenselt <br />r <br />L <br />Dqio-Squish <br />Page 49 <br />1 Q. Yes. Through the club. <br />2 A. Yeah. I didn't notice any changes. <br />i MR. MCCARTHY: Have wc established that <br />4 the homes were built while he was there? <br />5 BY MR. GREENE: <br />6 Q. Were any homes built or in the process of <br />7 construction while you were there? <br />8 A. I think there was some clearing action up <br />9 there. I don't know if there was any homes actually built or <br />10 not. It was real close to the time that they were built, <br />11 so. <br />12 Q. Did you have any occasion to secure pennits <br />13 from the City of Orono for alterations that were made to <br />14 the buildings and grounds, including the golf course, at <br />15 Woodhill? <br />f6 A. No. <br />17 Q. If such approvals were needed, who at the club <br />18 would be the person most likely to have the responsibility <br />19 for dealing with the city? <br />2U A. 1 think the manager would be, the general <br />2! manager <br />22 MR. GREENE: Off the record. <br />23 (At this tune a discussion was held ofT the <br />24 record.) <br />25 BY MR. GREENE <br />Page 50 <br />1 Q. Your counsel has indicated that you may have <br />2 some testimony to give concerning situations when Woodhill <br />3 Avenue was the exclusive means of accessing the club. <br />4 When were those situations? <br />5 A. I can't give you the exact dates. I can tell <br />6 you what they were. Probably in the seventies and eighties. <br />7 there was one load of something heavy in a railroad car and <br />8 It spread the tracks and it tipped and it blocked off our <br />9 entranceway, so all of the traffic had to be routed through <br />lU Woodhill Avenue. And another tune ■* I think we had two <br />11 railroad incidents And another tune, they V<ad to fix the <br />12 track in the roadway, the railroad uack, and blacktop it. <br />13 They could run no traffic across that blacktop and it had <br />14 the rails all dug up and stuff, so they came through <br />15 Woodhill Avenue <br />lb Q Let me ask the question with reference to <br />17 the fust incident, the rail spill. How many days was it <br />18 necessary to use the Woodhill Avenue access to the club as <br />19 a result of the derailment'’ <br />2U A. i think it was a couple of days. I am not sure <br />21 of that. But. It was more than one. I believe. <br />22 Q. More than one day and less than a week? <br />23 A Yes. <br />24 Q. How about the second incident that you recall, <br />I when there was repair work being done on the trades; is that <br />Page 51 <br />1 correct? <br />2 A. Yeah. <br />3 Q. How many days was it necessary to use the <br />4 Woodhill Avenue as an alternate access? <br />5 A. It was a day or two. <br />6 Q. Are there other circumstances that you can <br />7 recall? <br />8 A. There is two railroad circumstances I know of, <br />9 and repairing that blacktop and taking out ** and putting ic <br />10 new rails. That's all I can recall. <br />11 Q. Just those two railroad circumstances? <br />12 A. Uh-huh. Yes. <br />13 MR. GREENE: off the record. <br />14 (At this time a discussion was held off the <br />15 record.) <br />16 BY MR. GREENE: <br />17 Q. You indicated that in the 1970's there was <br />18 a gate that was padlocked shut at some points and open at <br />19 other points: is that correct? <br />20 A. Yes. <br />21 Q. Who had keys to the padlock? <br />22 A. Gro<mds crew. Not all of them, but the <br />23 full'ume grounds crew usually had keys to the padlock. It <br />24 might have been the tennis pro, too. <br />25 Q. H'^w many people would have keys? What number <br />Page 52 <br />1 of people would that be? <br />2 A. About five or six. <br />3 Q. So, if someone came in at night and found the <br />4 gate locked and they had a key, they could open it, is that <br />5 what you are saying; one of those five or six? <br />6 A. Yes. <br />7 Q. Is it your testimony that the grounds crew <br />8 regularly used Woodhill Avenue to access their jobs and they <br />9 had keys to open and close the padlock? <br />10 A. In the seventies, yes. <br />11 Q. What about in the eighties? <br />12 A. Not •• the question is regularly? <br />13 Q. Yes. <br />14 A. Not regularly. <br />15 Q. So. the times that the chain across the barrier <br />16 poles that you described earlier would be removed bad more <br />17 to do with taking the tractors to be serviced, that sort of <br />18 thing? <br />19 A. Yes. <br />20 Q. How often during the course of a year would <br />21 the tractors be taken across Woodhill Avenue to be <br />22 serviced? <br />23 A. Three or four times, I would suspect. <br />24 Q. Each tractor? <br />25 A. Oh, no. Three or four times a year probably. <br />Kirby A. Kennedy & Associates (612) 922-19SS 49 • 52