Just Say No

August 31, 2026 · By Jay Hubbard

The Planning Commission deliberates on rooftop dining, August 24, 2026. (Town of Middleburg meeting video)

A month after moving toward rooftop dining by permit, the Planning Commission reversed itself on August 24 after residents and a shop owner asked it to ban new ones. The Fun Shop's rooftop will still open, but under strict rules. At Council, the wells began to recover under mandatory conservation, Well 3 turned out to draw on a different aquifer, and IES described a summer of foreign attacks on small-town water systems. The town manager search hit a snag.

Council cancelled its first August meeting and met August 27 with all members present. Mayor Bridge Littleton votes only to break a tie.

Just Say No

Planner Amy Rogers presented the draft that allowed rooftop dining by special permit ▶ video. It had tough standards: nothing above the 30-foot height limit, no one on the roof after 10 p.m., no amplified sound, no events or parties, and low lighting switched off at closing. Then the public spoke:

Megan Gallagher, East Marshall Street, asked the Commission to ban any rooftop proposal after "this one that seems to have found its way through the loophole," and to keep the strong standards for that one.
Wendy Osbourne, owner of Chloe's of Middleburg on East Washington Street, said it's "such a charming town, quaint, historic," and rooftop dining has an "urban feel." She worried about a flat roof near her shop.
Nancy Gardner, North Hamilton Street: "You open the door for by special exception; you're going to have a terrible time closing it." Her advice: "Just say no."
John Ross, Orange Drive, once lived next to what became Hunter's Head. When its outdoor dining opened, "there was a garden party next door to which we weren't invited. So, we had to keep our windows closed."
Scott Little of Salamander praised the standards as balanced.

Commissioners changed their minds. Kim Basinger said that after July's meeting, for the first time, she walked out wanting more time. "Hearing what Mrs. Gallagher said, that does strike a chord." Michael Rocconi said that after the input "I would also be willing to reconsider my earlier stance." Drew MacMahon: "I was against it last month. I'm still against it today. The public outcry feedback is pretty consistent." Chair Bud Jacobs said "the good of the community in this case would indicate an outright ban on any new or other rooftop dining proposals." Carolyn Hersh still preferred a permit process. "We didn't have a choice on how the current one being built was managed that got through," she said.

The Commission voted 5-1, Carolyn Hersh opposed, to withdraw the permit option and advertise a ban, with a hearing September 28. Councilmember Chris Hersh, who had met with the Mayor and Town Attorney, said there is "no recourse" on the approved project other than standards. The Commission added a 9 p.m. cutoff on rooftop dining. The standards will apply to the Fun Shop if they're adopted before it opens, which Deputy Town Manager Will Moore expects, since build-out and Health Department approval are still ahead.

On August 27 Council adopted the Historic District Review Committee's new outdoor dining guidelines, 7-0. Where zoning allows rooftop dining, it may be permitted only where nothing is visible from the street ▶ video. Gallagher thanked the Commission at public comment.

A Different Aquifer

Mark Inboden of IES reported that the rise in water use from March through June has stopped, largely because of mandatory conservation, and Well 4 regained fifty feet ▶ video. The good news was Well 3, pumped around the clock for two weeks at 45 gallons a minute, held steady at 200 feet and bounced back fast. Inboden said this shows it draws on "a completely different aquifer than 4 L and P." He called that "a huge bonus for the town. We have multiple sources." Treating its water is worth investing in.

Wells L and P are still down slightly, so the restrictions stay. Inboden wants three good months first. The Utility Committee is getting a drilling contractor's proposal of about $20,000 to free Well 4's pump so it can go 100 feet deeper. It's also arranging a drawdown test of Well 2 on Landmark School Road. Pulling old equipment from Well L should help it too.

Inboden also briefed Council on security. In July and August, "foreign actors" went after rural water systems with internet-facing controls and weak passwords, locking operators out until towns had to issue boil-water notices. He said Middleburg's systems sit behind a firewall, outside logins can only view, remote access requires a VPN and two-factor sign-in, and the sewer plant's controls aren't on the internet at all.

Littleton said the County is starting a yearlong study of the towns' water and sewer costs and capital needs, with the towns supplying data. Leesburg is left out because its water comes from the river.

Also This Month

- Town manager: at the Planning Commission, Jacobs said he understood the preferred candidate "was no longer available." Council met in closed session on the hiring again August 27. - Around Middleburg: the Training Center. At a town hall in Middleburg in early August, the Army announced it had closed on the Middleburg Training Center. Tenants and their horses must be out by October 31, and the Army takes possession November 1. The Caisson herd, about 73 horses, is expected to move in between 2027 and 2028. Army representatives made no promises about shared use (Loudoun Now; InsideNoVa). - A Charlie Brown Christmas: Council gave Tagragg Productions a $5,000 events grant, 7-0, for a ticketed production at The Hill School around Christmas in Middleburg, with 50 seats per show donated to Windy Hill and others. Littleton asked whether December's events have hit a "saturation point," comparing it to five-hour waits at Disney. - Asbury Church: the 100 percent plans are with review agencies, and the HDRC takes them up in September. North drafted a $250,000 Preserving Black Churches application to the National Trust, with a decision in February. The fundraising consultants meet the committee September 8. - Parking: the Commission recommended the zoning change letting the Methodist church rent out its lot when it isn't in use, 6-0. Moore said the Town's long lease there ended after failed negotiations. - South Madison Street: Council asked the County again for funding, now including the missing sidewalk to The Hill School. Two Supervisors are interested. - A sip-and-stroll zone: the arts committee suggested a designated outdoor drinking area for events. Council sent it back for details. - Helicopters: Councilmember Cindy Pearson said low helicopters are rattling her windows. "Just need a number to call when the windows break," she said. - Other business: - Chief Shaun Jones put crosswalk warnings on the Town's signboards and plans a September 11 25th-anniversary memorial with the American Legion. - Pendleton Street sewer repairs are done. - Veterans banners will fill the Route 50 light poles October 26 to November 16, with a dedication November 7 at the Community Center. - Oktoberfest is a month away. - Closed sessions covered the Cooper Building Services case and both Salamander cases. - Comprehensive plan: nearly 60 percent of town residents now work in town, up from 22 percent in 2009. Staff dropped the plan's call to use the Asbury Church as an economic driver. A public rollout is planned.

Public Comment

August 27 ▶ video

Scott Little, managing director of Salamander, praised Director of Community Engagement Jennifer Bell and thanked Council for taking a closed-session item seriously.
Megan Gallagher, East Marshall Street, thanked the Planning Commission for its course change and announced the veterans banners and dedication.

Planning Commission public hearings, August 24:

Parking lots: no one spoke.
Rooftop and outdoor dining: Megan Gallagher, Wendy Osbourne, Nancy Gardner and John Ross asked for a ban; Scott Little praised the standards.

Tips & Wags (opinion)

Tip of the Hat to the Planning Commission for changing its mind in public, after listening. That is how it's supposed to work.

Tip of the Hat to IES, which checked and locked down the town's water controls as soon as the attacks hit the news.

Wag of the Finger to an ordinance so loose that a rooftop dining space slipped through before anyone noticed. Next time, the code should be read before the permits go out.

Coming Up

August 31: FOIA training for Council.
September 8: Asbury fundraising alignment meeting. September 10: Council; captioning and agenda software contracts.
September 11: 25th-anniversary memorial.
September 28: Planning Commission hearing on the rooftop dining ban.
Late September: Oktoberfest; state grant decision for the Asbury Church.
October 26–November 16: veterans banners on Route 50.

Sources: the meeting videos (Planning Commission, August 24, August 27), the Town's minutes (pending approval) and the transcripts attached to them, and Loudoun Now and InsideNoVa for the Training Center. Quotes come from the Town contractor's transcripts; each ▶ link opens the video at the start of that agenda item.