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Record of Proceedings

Loudoun County BZA Continues Hamilton Monopole Appeal, Upholds Permit (October 22, 2026)

Commissions & Advisory Boards — Thursday, October 22, 2026
BodyLoudoun County, Virginia
SessionCommissions & Advisory Boards
DateThursday, October 22, 2026
StatusFILED
Video Record
0:00 / 1:53:58

Original source
Transcript — VerbatimClick a timed line to jump · ⧉ to share it

Speaker numbers apply only to this recording. Names come from transcript evidence. “Possibly” marks uncertain attribution.

Speaker 1

5:47

All right.

5:48

Good evening, everyone.

Unassigned speaker

5:50

So

Speaker 1

5:50

the Loudoun County Board of Zoning Appeals is now in session.

5:53

Before we begin, I will ask everyone to please check your phones and make sure that they're all turned off or silenced, because it interferes with not just our meeting, but it interferes with our sound system.

6:04

Thank you.

6:06

Um this board is composed of five members and two alternates.

6:09

Present tonight are Mr.

6:11

Moyes, Mr.

6:12

Canonico, Mr.

6:13

Gray, Mr.

6:13

Clark, and myself, I'm Nan Forbes.

6:27

In this case, I think we're relying on the advertising from the last meeting since this is an extension of the last meeting.

6:33

After each property has been duly posted and all adjacent owners have been notified by certified mail.

6:39

It takes three affirmative votes from this board for a matter to pass.

6:44

If you wish to speak, um, except I don't think we're taking new speakers tonight.

6:49

We're only hearing arguments.

6:51

Um we were at the last meeting you were signing up um with little slips with Stephanie Capps.

6:58

Um there will be a motion that will follow this my opening statement with regard to what the process will be for tonight.

7:06

Um before we begin, why don't we have everyone who is going to speak?

7:13

And that would be the staff and representatives for the three appellants from whom we heard last at the last meeting.

7:22

Stand and raise your right hands.

Unassigned speaker

7:25

Do

Speaker 1

7:25

you solemnly swear that the evidence you will give before us tonight be the truth, the whole truth, and nothing but the true self, you got.

7:31

Thank you very much.

7:34

All right.

7:35

Um I think we have a preliminary matter.

Speaker 2

7:43

Um

Speaker 3

7:43

yes, ma'am.

7:44

Um

Speaker 2

7:45

Madam Chairwoman, I'd like to make a motion to establish some procedures for tonight's uh matter on the agenda appeal 2026 000 four.

7:54

I move that the Board of Zoning Appeals reopen matter APPL 2026 0004.

8:02

Pursuant to Virginia Code Section 15.2, 231 subsection D, and Loudoun County zoning ordinance section 10.14.2.

8:25

One that the chairwoman will ask Mr.

8:28

Moyes to confirm for the record that he has viewed or listened to the entirety of the presentations, question and answer interactions in public hearing on the matter of appeal 2026 000 four that was conducted on September 17th, 2026, either in person or via the board's recording system of the proceedings.

8:50

Two, that the county and the appellant shall each be permitted five minutes to make their respective closing arguments, and that the county should be prevented three minutes of rebuttal argument if it so desires.

Speaker 1

9:23

Aye.

9:23

Any opposed?

9:25

Any abstentions?

Unassigned speaker

9:27

All

Speaker 1

9:27

right, then that's how we will proceed.

9:30

Mr.

9:30

Moyes, I'm gonna call on you to speak to

Unassigned speaker

9:35

uh

Speaker 1

9:35

the matter is just raised.

Unassigned speaker

9:47

Um having left early and uh listening to the remainder of the appellants arguments and then the the the conversations that the board had, the deliberation that the board had.

Speaker 4

10:02

Um I I don't see how I could vote to

Speaker 1

10:11

well

Speaker 4

10:11

without

Speaker 1

10:12

regard to what your vote would be.

10:14

We're not voting now.

10:16

Can you simply speak to whether or not you have reviewed the hearing?

Speaker 4

10:19

Yes, I have reviewed the hearing.

10:20

I watched it

Speaker 1

10:21

in its entirety.

Speaker 4

10:22

In its entirety, um, one and a half times.

10:25

And I also read the letters that were sent to the board of zoning appeals.

Speaker 1

10:30

Very good.

10:31

Thank you.

10:31

All right.

Discussion Breakdown — Share of Meeting
Zoning Regulations█████████████████████████████████████████████68%
Procedural███████████17%
Telecommunications███████11%
Public Safety██3%
Water And Wastewater Management█1%
Summary of Proceedings

Loudoun County BZA Continues Hamilton Monopole Appeal, Upholds Permit (October 22, 2026)

The Loudoun County Board of Zoning Appeals (BZA) reconvened on October 22, 2026, for a continued public hearing on APPL-2026-0004, an appeal of a zoning permit (ZONC-2025-054564) for a 150-foot telecommunications monopole at the Hamilton Safety Center. The board voted 3-2 to deny the appeal and affirm the Zoning Administrator's decision that the monopole is a by-right accessory use.

Public Hearing Testimony

  • Appellants' Position: Attorney Michael Overson, representing 22 local residents, argued the permit was improperly issued without a commission permit. He contended the monopole is a principal commercial use, not an accessory use, and does not meet compatibility requirements with the surrounding rural area.
  • Applicants' Position: Len Forkas (Milestone Towers) confirmed a binding lease with AT&T to install FirstNet equipment. Heather Beardsley, President of the Hamilton Safety Center, testified that the monopole is an essential accessory use for modern emergency communications, directly supporting the safety center's public safety mission.
  • Staff Position: Planner David Moore reiterated the county's legal justification, stating the monopole is permitted by-right per Section 4.07.08.d.1 as an accessory use and is exempt from a commission permit under Section 10.09 as it is part of a Comprehensive Plan facility.

Board Deliberations

  • Board members extensively debated the definition of an "accessory use."
  • Mr. Gray and Mr. Clark argued to uphold the appeal, stating the appellants successfully rebutted the presumption of correctness of the zoning administrator. They maintained the monopole operates as a separate principal commercial use and is not subordinate to the fire station.
  • Mr. Canonico, Mr. Moyes, and Chair Forbes argued to deny the appeal. They stated the Board of Supervisors had already established the by-right framework, the integration of FirstNet makes the tower incidental to the fire station, and the appellants failed to meet their burden to rebut the presumption of correctness.

Key Outcomes

  • Vote on Appeal: The BZA voted 3-2 to deny the appeal (APPL-2026-0004) and uphold the Zoning Administrator's issuance of the permit (ZONC-2025-054564).
  • Administrative Updates: The November 2026 meeting was cancelled. The Zoning Administrator provided updates on pending Zoning Ordinance Amendments, including data center standards and cannabis regulations.
  • Process Discussion: The board discussed formalizing a two-step hearing process for complex cases to allow additional deliberation time.

Meeting Transcript

All right. Good evening, everyone. So the Loudoun County Board of Zoning Appeals is now in session. Before we begin, I will ask everyone to please check your phones and make sure that they're all turned off or silenced, because it interferes with not just our meeting, but it interferes with our sound system. Thank you. Um this board is composed of five members and two alternates. Present tonight are Mr. Moyes, Mr. Canonico, Mr. Gray, Mr. Clark, and myself, I'm Nan Forbes. In this case, I think we're relying on the advertising from the last meeting since this is an extension of the last meeting. After each property has been duly posted and all adjacent owners have been notified by certified mail. It takes three affirmative votes from this board for a matter to pass. If you wish to speak, um, except I don't think we're taking new speakers tonight. We're only hearing arguments. Um we were at the last meeting you were signing up um with little slips with Stephanie Capps. Um there will be a motion that will follow this my opening statement with regard to what the process will be for tonight. Um before we begin, why don't we have everyone who is going to speak? And that would be the staff and representatives for the three appellants from whom we heard last at the last meeting. Stand and raise your right hands. Do you solemnly swear that the evidence you will give before us tonight be the truth, the whole truth, and nothing but the true self, you got. Thank you very much. All right. Um I think we have a preliminary matter. Um yes, ma'am. Um Madam Chairwoman, I'd like to make a motion to establish some procedures for tonight's uh matter on the agenda appeal 2026 000 four. I move that the Board of Zoning Appeals reopen matter APPL 2026 0004. Pursuant to Virginia Code Section 15.2, 231 subsection D, and Loudoun County zoning ordinance section 10.14.2. One that the chairwoman will ask Mr. Moyes to confirm for the record that he has viewed or listened to the entirety of the presentations, question and answer interactions in public hearing on the matter of appeal 2026 000 four that was conducted on September 17th, 2026, either in person or via the board's recording system of the proceedings. Two, that the county and the appellant shall each be permitted five minutes to make their respective closing arguments, and that the county should be prevented three minutes of rebuttal argument if it so desires. Aye. Any opposed? Any abstentions? All right, then that's how we will proceed. Mr. Moyes, I'm gonna call on you to speak to uh the matter is just raised. Um having left early and uh listening to the remainder of the appellants arguments and then the the the conversations that the board had, the deliberation that the board had. Um I I don't see how I could vote to well without regard to what your vote would be.

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