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Attorney Polackwich conveyed the necessity for ascertaining if Ocean Concrete can meet <br />the requirements for site plan approval and whether they have a vested right to proceed under the <br />previous regulations or whether the new regulations would apply. He explained that the new <br />LDR's apply unless there can be a demonstration of equitable estoppel or vested rights. He <br />wished to get an answer to both of these items and have this issue resolved in a timely manner. <br />Discussion ensued as the Board sought and received additional details on Ocean <br />Concrete's site plan application, and on Ocean Concrete's response to the discrepancy letters <br />sent to them by the Technical Review Committee. <br />Attorney Polackwich observed that historically, the practice of the Planning Department <br />has been to routinely grant extensions in situations similar to this, and that if it were not for the <br />LDR change, the application for the extension would have been granted. <br />MOTION WAS MADE by Commissioner Wheeler, <br />SECONDED by Vice Chairman Solari, to approve staff's <br />recommendation. <br />Attorney Polackwich advised that he would meet with Ocean Concrete's Attorney to <br />learn what criteria was used to establish Ocean Concrete's position that it is entitled to construct <br />the plant under the old LDR's; he will subsequently analyze the data and return with an opinion <br />to the Board. <br />Todd Smith, P E , 121 Hinchman Avenue, Sebastian, Engineer for Ocean Concrete, for <br />the record, voiced accord with staff's recommendation on Ocean Concrete. <br />Rex Nelson, Sebastian presented arguments opposing the proposed Ocean Concrete <br />Batch Plant, but acknowledged that the Board should undertake the steps necessary to make a <br />decision on whether Ocean Concrete meets the criteria. <br />18 <br />April 20, 2010 <br />BK 139 PG 237 <br />