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NextGen withdraws one mining application and agrees to provide permit records; board sets Aug. 14 deadline and Sept. 17 hearing
Summary
Representatives for NextGen told the ZBA they will withdraw one application tied to appellate litigation but will supply the board with permit documents and reserve estimates; the board set an Aug. 14 submission deadline and scheduled a new hearing for Sept. 17.
Counsel Kevin Brown (Vogel & Brown) and a representative for NextGen Property Management addressed the Southampton Zoning Board on July 16 regarding multiple mining‑site applications and what supporting documentation the board requires.
Chair and board members said they had not received core documents the code requires for reviewing nonconforming mining operations: the notice of termination, the last valid DEC permit (the 2017–2022 permit was referenced), and documentation estimating the sand reserves still available. NextGen’s counsel said that some production data are commercially sensitive and that previous filings included confidentiality markings, but that the overflight document showing current reserves was not marked privileged and could be provided. He also said different ways of calculating depletion (effective-date basis vs. current reserves) still put the sites in a similar percentage‑excavated window (~70–75% in one presentation) and that he would provide the relevant permit(s) and an overflight-based reserve estimate.
On the table were two matters: the NextGen application tied to appellate litigation (which counsel said would be withdrawn) and the separate mining application for which the board wants concrete documentation. The board emphasized that if the applicant requests relief based on a prior valid DEC permit, the applicant must provide that permit and supporting evidence; otherwise the board cannot complete its statutory analysis under the town code section governing termination of a nonconforming use. The board agreed to keep one matter active and set a deadline of Aug. 14 for NextGen to file the requested items and scheduled a follow-up hearing for Sept. 17. Members warned that submissions must be sufficiently explanatory (including the overflight explanation) so the board or its hired expert can meaningfully review the technical materials.
The board also recorded decisions to adjourn various related hearings and reiterated that any withdrawn application could be refiled but would be treated as a new application subject to town rules.
