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VILLAGE OF LISBON W234N8676 Woodside Road Lisbon, WI 53089-1545 MEETING MINUTES PUBLIC HEARING & PLAN COMMISSION RICHARD JUNG FIRE STATION – MAY 27, 2026 Office: (262) 246-6100 | Email: VillageHall@LisbonWI.gov | Website: www.LisbonWI.gov Call to Order President Gehrke called the Public Hearing and Plan Commission meeting to order at 7:16p.m. Roll Call Present: Village President Gehrke; Trustee Baum; Commissioners Oelhafen, Eberle, Howard, McCormack, and Lesser; Planner Sumwalt; Engineer Leisses; Attorney Larson; Administrator Green; and Clerk Cappozzo. Public Hearing: James Heinritz/ Hometown Storage Solutions for a Conditional Use Permit to allow a self-storage facility at the northeasternmost 3 acres of a vacant 15.65 -acre parcel in the B-3 General Business District located along County Road Q, identified as Tax Key LSBT 0161.999.010, now known as Lot 2 of CSM #12806 (adjourned from April 22, 2026). Staff Overview Planner Sumwalt provided an update on developments since the April meeting. He reported that the most significant update was that the certified survey map (CSM) for the development had been recorded with Waukesha County on May 20, 2026, as CSM Number 12806 , Document 4876964. The Village had since received a certified copy of that recording. Planner Sumwalt clarified that new tax parcel numbers would not become effective in the County system until January 1, 2027; the legal description for the lot is therefo re Lot 2 of CSM Number 12806, with the current tax key remaining in effect through December 31, 2026. Planner Sumwalt noted that both the conditional use permit and site plan/plan of operation staff reviews had been updated to reflect the recorded CSM. He also highlighted two other updates included in the packets: an updated set of civil plans including a revised site plan (Sheet C1.02), and an updated lighting plan. He explained that a prior staff recommendation had flagged certain lighting levels as not meeting Village standards, but that the petitioner had corrected the plan. As a result, the condition related to lighting had been removed from the updated staff review dated May 22, 2026. Planner Sumwalt took care to explain the phased nature of the project. Phase 1 applies to Lot 2, which the petitioner is under contract to purchase. Phase 2 is planned for Lot 1 of the CSM, which the petitioner does not currently own but intends to purchase in the future from the current property owner. Planner Sumwalt stated that all technical review and proposed approvals are limited to Phase 1. He noted that the grading plan does include Lot 1, with the intent to rough grade that parcel as part of Phase 1 earthwork and then return it to topsoil for continued farming until Phase 2 is pursued. Access to Phase PLAN COMMISSION May 27, 2026 Page 2 of 9 Office: (262) 246-6100 | Email: VillageHall@LisbonWI.gov | Website: www.LisbonWI.gov 1 is provided via a recorded easement on Lot 1. Planner Sumwalt added that the lighting levels at the shared lot line between Lot 1 and Lot 2 appeared elevated in the plans because future Phase 2 buildings on Lot 1 were shown with lights, but he confirmed that, for Phase 1 standing alone, all lighting within Lot 2 would meet Village standards. Finally, Planner Sumwalt summarized additional information provided by the petitioner regarding the proposed septic field on the east end of the parcel. The petitioner had contracted with Hare, a certified septic installer based in Oconomowoc, at the suggestion of Waukesha County. Correspondence from the installer was included in the packet. The site plan shows a proposed septic field of 258 feet by 6 feet for Phase 1, located to the east of Building 5. Planner Sumwalt noted that the required setbacks — 5 feet from the lot line and 10 feet from the building—were reflected on the plan. Public Hearing Discussion President Gehrke invited the applicant to speak, but applicant James Heinritz indicated he had no additional comments to offer during the public hearing itself. No members of the public in attendance wished to speak, and no hands were raised by Zoom participants. Commissioner Eberle then raised a series of questions and concerns, proceeding in the order of the staff report. Regarding fire department access (Item B), Administrator Green confirmed that the fire chief had reviewed the plans and had no issues. On the topic of screening (Item D), Commissioner Eberle questioned the adequacy of screening along the east property line, noting that the landscaping there primarily consisted of plantings of varying height rather than a berm, wall, or fence. He asked how tall the plantings were and expressed concern that the east side of the development —the side visible to the public from State Highway 164 —would not be adequately screened. The applicant's representative responded that the landscaping substantially exceeded the Village's landscape point requirements for screening. Commissioner Eberle also raised the aesthetic concern that Buildings 1 through 3, which run perpendicular to the east and face Highway 164, appeared architecturally identical to one another. He stated that he would like to see differentiation between those buildings—whether through color or architectural features—so that the public would not be confronted with several identical structures in a row. He noted this concern would compound significan tly if Phase 2 moved forward, potentially resulting in a large row of identical buildings. He asked whether there would be sufficient room for landscaping between the proposed septic bed and the buildings, noting that with only 20 feet between Building 5 a nd the east property line, the math for accommodating both the septic field and meaningful landscaping appeared very tight. Applicant Heinritz responded that the septic space shown on the plan at 6 feet wide represented the absolute maximum width allowed for a distribution cell, while standard installation typically only requires 2 to 3 feet of width. He stated that the septic installer, Hare, ha d indicated that based on soil PLAN COMMISSION May 27, 2026 Page 3 of 9 Office: (262) 246-6100 | Email: VillageHall@LisbonWI.gov | Website: www.LisbonWI.gov samples from the nearby area, only approximately 40 percent of the proposed space would actually be needed, and that the installer could run a long, narrow distribution cell. Commissioner Eberle stated he remained concerned that the septic design was still entirely speculative. He noted that no soil borings had been conducted at the specific septic location, no septic designer had been hired, and no county review or approval of a septic system had been obtained. He emphasized that the letter from the insta ller—while noting that only about 110 feet of run would likely be needed—also stated that if 110 feet of length were not available, the run could be split into two or three shorter cells, each approximately 6 by 55 feet. Commissioner Eberle argued that, wi th only 20 feet of lateral space available, there was simply not enough room to accommodate that configuration, and he was concerned the commission was being asked to approve a layout that might ultimately prove unworkable. Commissioner Eberle noted that there has been no confirmation that the proposed septic system will be approved by the County, and that he would have a very difficult time with approving a conditional use without that surety. He opined that the proper sequence of events would be to obtain soil borings, commission a septic design, submit it to Waukesha County for review and approval, and then return to the Plan Commission—and that moving forward without those steps risked having to start the entire review process over again if the building layout had to change. He then moved that the public hearing be postponed until a county-approved septic design was in hand. Attorney Larson acknowledged Commissioner Eberle's concerns but noted that the Commission's authority over conditional use permits under state law is limited, and that courts have in recent years required municipalities to approve conditional uses with con ditions rather than outright deny them. He pointed to the proposed condition 4(d), which requires Waukesha County Environmental Health Department approval of th e well and septic system before the conditional use is in effect, as the appropriate backstop mechanism. Commissioner Howard noted that KwikTrip, which is located nearby, has a modified mound system with pretreatment, and raised the practical question of what would happen if the site did not percolate adequately for a conventional septic system. She observed that a mound system would require significantly more room than a conventional system. Applicant Heinritz acknowledged this concern and stated that his worst-case contingency would be to remove the sink and bathroom from the contractor storage building, effectively eliminating the need for a septic system on the site. He acknowledged that this would affect the contractor storage use, but stated he was "j ust trying to provide something nice so that they can wash their hands." Planner Sumwalt noted that if the bathroom were eliminated and the contractor storage units were converted to self storage, the footprint of the building would remain the same, the s ite's impervious area and drive aisles would be unchanged, and the primary revision would be to the building PLAN COMMISSION May 27, 2026 Page 4 of 9 Office: (262) 246-6100 | Email: VillageHall@LisbonWI.gov | Website: www.LisbonWI.gov elevations and the plan of operation. Attorney Larson observed that such a change would more likely affect the Site Plan/ Plan of Operation rather than the conditional use itself. Motion by Eberle, second by Howard, to postpone the public hearing until Waukesha County Environmental Health Department review and approval of the septic system has been received. Upon roll call vote: President Gehrke – Nay; Trustee Baum – Nay; Commissioner Oelhafen – Aye; Commissioner Eberle – Aye; Commissioner Howard – Aye; Commissioner McCormick – Nay; Commissioner Lesser – Nay. The motion failed 3 Ayes to 4 Nays. Following the failed motion to postpone, motion by Gehrke, second by Lesser, to close the public hearing. Upon roll call vote: President Gehrke – Aye; Trustee Baum – Aye; Commissioner Oelhafen – Aye; Commissioner Eberle – Nay; Commissioner Howard – Aye; Commissioner McCormick – Aye; Commissioner Lesser – Aye. The motion carried 6-1. ********************************* Citizen Comments None. Unfinished Business A. James Heinritz/ Hometown Storage for a Conditional Use Permit to allow a Self-Storage facility on parcel LSBT 0161.999.010 in the B-3 General Business zoning district President Gehrke opened discussion on the conditional use permit request. Attorney Larson suggested that, in the interest of efficiency, the Commission focus its deliberations on those conditional use standards that had been raised or questioned during the public hearing, with the understanding that unchallenged standards would be deemed satisfactorily met. The Commission proceeded through the applicable standards. With respect to architectural treatment (Standard H), Commissioner Eberle reiterated his concern that Buildings 1 through 3 — the three structures running east -west and visible from Highway 164 —were architecturally identical. He asked whether the applicant would be willing to introduce some differentiation, whether through color, materials, or other architectural features, so that the buildings would not present as an unbroken row of identical structu res, particularly if Phase 2 were ultimately constructed. Applicant Heinritz responded that considerable effort had gone into the building design. He stated that the intent was to use a combination of stone at the base, vinyl siding, decorative vinyl shake, and cedar accent pieces in the peaks, all of which repre sent elements common to residential construction in the area. He characterized the design as a step above existing storage facilities in the vicinity. PLAN COMMISSION May 27, 2026 Page 5 of 9 Office: (262) 246-6100 | Email: VillageHall@LisbonWI.gov | Website: www.LisbonWI.gov President Gehrke polled the Commission on whether differentiation was required to meet the architectural standards. Commissioner McCormick stated he was satisfied with the current design, noting the applicant had made a genuine effort to produce something that did not look like a standard metal self-storage facility. Commissioner Lesser concurred, referencing similar facilities in the region. Commissioner Howard said she appreciated the additions of stone and insets in the peaks and was comfortable with the current design. Trustee Baum noted he was generally satisfied, though he remarked that a small amount of color variation would be welcome, though he was not insistent on it. Commissioner McCormick and the majority of the Commission agreed that too many colors could be counterproductive. The Commission reached a consensus that the architectural design as submitted was acceptable and did not require revision as a condition of the conditional use permit. The Commission also discussed the landscaping and screening standard (Standard C). Planner Sumwalt noted that the primary screening concerns were to the south and west of the site. The east side of the property abuts the KwikTrip parcel, which is a more intense commercial use than the proposed storage facility. The Commission acknowledged that the ability to install substantial screening plantings on the east side of Building 5 would be constrained by the proposed septic field location. Planner Sumwalt indicated that lower -profile plantings such as decorative grasses, shrubs, and perennials could be accommodated in that area without interfering with the septic system, though large evergreens with deeper root systems may be problematic. He proposed that a condition be added to require submission and staff approval of a revised landscape plan to accommodate any changes necessitated by the final septic design. Commissioner McCormick suggested that the landscaping along the south e nd of the site —where the three east -west buildings face Highway 164 without the constraints of the septic field —could include taller trees to provide a visual break between the buildings and to complement the aesthetic of the development. The Commission confirmed that the remaining conditional use standards, including location on an arterial street, fire truck access, security measures, exterior lighting, state -approved plans, ingress/egress, off -street parking, and the general welfare and compatibility findings, were satisfactorily addressed in the staff report. Planner Sumwalt reiterated that if the septic situation required a redesign or elimination of the contractor storage component, the applicant would need to return to the Plan Commission. Applicant Heinritz confirmed his understanding of this requirement. Motion to approve the conditional use permit request for a self -storage facility as part of Phase 1 of the Lake Five Storage contractor storage and self -storage development, for James Heinritz/Hometown Storage Solutions LLC, for the property located along County Road Q and State Road 164, Tax Key LSBT 0161.999.010, now known as Lot 2 of CSM Number 12806, in the B -3 General PLAN COMMISSION May 27, 2026 Page 6 of 9 Office: (262) 246-6100 | Email: VillageHall@LisbonWI.gov | Website: www.LisbonWI.gov Business Zoning District, subject to the conditions as described in the staff report, was made by Commissioner McCormick and seconded by Trustee Baum. Upon vote: Ayes – President Gehrke, Trustee Baum, Commissioner Oelhafen, Commissioner Howard, Commissione r McCormick, Commissioner Lesser. Nays – Commissioner Eberle. The motion carried 6-1. B. James Heinritz/ Hometown Storage for a Site Plan/ Plan of Operation for proposed storage facility on parcel LSBT 0161.999.010 in the B-3 General Business zoning district President Gehrke opened discussion on the site plan and plan of operation. Planner Sumwalt noted that, based on Commission discussion during the conditional use review, an additional condition would need to be included requiring the petitioner to submit a revised landscape plan to the Village Planner for review and approval, reflecting the comments made by the Plan Commission regarding plantings on the east side of the development and the relationship between the landscape plan and the final septic system layout. Administrator Green noted for the record that any tenants who occupy the contractor storage units, once those units are open, would still be required to appear before the Plan Commission and obtain their own site plan/plan of operation approval for their i ndividual businesses. President Gehrke acknowledged this point. Motion to approve the site plan and plan of operation for Hometown Storage for a proposed storage facility on parcel LSBT 0161.999.010, now known as Lot 2 of CSM Number 12806, in the B -3 General Business Zoning District, including planner's conditions and the additional condition requiring submission and staff approval of a revised landscape plan consistent with Plan Commission comments, was made by Commissioner McCormick and seconded by Trustee Baum. Upon vote: Ayes – President Gehrke, Trustee Baum, Commis sioner Oelhafen, Commissioner Howard, Commissioner McCormick, Commissioner Lesser. Nays – Commissioner Eberle. The motion carried 6-1. New Business A. Robert Miller/ Gospel Fellowship for approval of a Site Plan/ Plan of Operation amendment on the property located at N74W25332 Howard Lane/ LSBT 0208.989 Planner Sumwalt provided background on this item. He noted that the property had previously come before the Commission for a building addition. At that time, an existing storage shed had been temporarily relocated to the parking area; it has since been ret urned to its original location. The current request involves replacing the shed with a new permanent structure consisting of a garage with space for maintenance equipment, attached to a covered pavilion over a paved area to be used for outdoor church events with picnic tables. The proposal also includes a small paved area on the north end of the garage for waste receptacle storage, screened from the road by the building itself. Planner Sumwalt noted that the prior approval already established parameters for outdoor events, and no changes to those parameters or to exterior lighting were being proposed. PLAN COMMISSION May 27, 2026 Page 7 of 9 Office: (262) 246-6100 | Email: VillageHall@LisbonWI.gov | Website: www.LisbonWI.gov Robert Miller, representing Gospel Fellowship of Sussex, was present to answer questions. Commissioner Howard noted that she had walked the parking lot at noon that day, given that the property is located across the street from her residence, and asked how the new structure would fit on the site given the presence of an electrical box, playground equipment, and the septic system. Mr. Miller explained that the garage would be positioned near the parking lot, north of the electrical box, and would run north-south along the parking lot edge—extending approximately 20 feet from the parking lot. He confirmed there would be 20 to 30 feet of separation between the garage and the playground equipment and that the underground electrical line running to the rear of the property would pass between the garage and the playground without being impacted. He confirmed the structure is approximately 20 by 44 feet. Commissioner Howard raised the concern that the pavilion not be used as a public venue. She noted this appeared to be addressed in the proposed conditions. Mr. Miller confirmed this. Planner Sumwalt confirmed there was adequate space on the site for the proposed structure, noting that the playground equipment is not anchored and could be repositioned if needed, though he did not anticipate that would be necessary. Motion to approve the site plan and plan of operation amendment request for Robert Miller/Gospel Fellowship of Sussex Inc. for the property located at N74W25332 Howard Lane, LSBT 0208.989, subject to planner's comments, was made by Commissioner McCormick and seconded by Trustee Baum. All those in favor said Aye; no Nays were recorded. The motion carried. B. Matthew Fitzgibbon/ Mastec on behalf of AT&T Wireless for approval of a Site Plan/ Plan of Operation amendment for a Class 2 Collocation on the existing Communications Tower located on the Summit Horses & Hay property at N80W26020 Plainview Road/ LSBT 0176 .996 Planner Sumwalt summarized the request. He noted that the Village Board had previously made a determination that this communication tower modification was a non -substantial modification, qualifying it as a Class 2 Colocation. He explained that the tower ha d previously been structurally reinforced and the ground compound expanded under a prior application to accommodate additional equipment load. The current application involves the swap -out of three existing antennas for three new antennas, primarily to sup port a 5G upgrade and FirstNet service. No changes to the tower height or ground compound footprint were proposed. Matthew Fitzgibbon, representing Mastec on behalf of AT&T Wireless, confirmed these details via Zoom and indicated he was available to answer questions. Commissioner McCormick inquired as to how many carriers were currently on the tower. Mr. Fitzgibbon indicated that AT&T was located at the top of the tower and that there was one additional carrier below, believed to be either Verizon or T-Mobile. PLAN COMMISSION May 27, 2026 Page 8 of 9 Office: (262) 246-6100 | Email: VillageHall@LisbonWI.gov | Website: www.LisbonWI.gov Commissioner Lesser asked about the definition of "non -substantial modification" and its legal implications. Attorney Larson explained that the definition is set forth in both state and federal law, with key thresholds including any increase in tower heigh t of less than 20 feet or an increase in compound footprint below a certain percentage. He confirmed that this modification clearly did not rise to the level of a substantial change, and that under the applicable statutory framework, the Village's regulato ry authority is limited to a Class 2 Colocation review. Commissioner Lesser used this occasion to note for the public record that, under state and federal telecommunications law, municipalities have very limited ability to regulate equipment upgrades on ex isting towers, and that the primary opportunity to shape the presence of telecommunications infrastructure in the community is at the time a new tower is initially proposed. Motion to approve the site plan and plan of operation amendment on behalf of AT&T Wireless for a Class 2 Collocation on the existing communications tower located on the Summit Horses & Hay property at N80W26020 Plainview Road, Tax Key LSBT 0176.996, including planner's comments, was made by Trustee Baum and seconded by Commissioner McCormick. All those in favor said Aye; one Nay was recorded. The motion carried 6-1. C. Matthew Fitzgibbon/ Mastec on behalf of AT&T Wireless for approval of a Site Plan/ Plan of Operation amendment for a Class 2 Collocation on the existing Communications Tower located on the Mary's Custom Storage property at W275N6725 Lake Five Road/ 0219.99 4.007 Planner Sumwalt introduced this item as substantially similar to the preceding one. He noted one distinction: in the packet submitted for this location, the plans indicated that the structural analysis pertained only to the equipment mounting rather than t he full tower. Planner Sumwalt asked Mr. Fitzgibbon whether a full structural analysis had been completed for this site as well. Mr. Fitzgibbon confirmed that a stamped structural analysis from a licensed engineer was on file and would be submitted to the Village with the building permit application within the coming days. Commissioner Eberle noted that this tower had been extended within the last two years and that a structural analysis had been conducted at that time for future additions, which Mr. Fitzgibbon confirmed. Planner Sumwalt indicated that receipt of the structural analysis was his only question for the petitioner and that the comments from the prior item applied equally here. Motion to approve the site plan and plan of operation amendment on behalf of AT&T Wireless for a Class 2 Collocation on the existing communications tower located on the Mary's Custom Storage property at W275N6725 Lake Five Road, Tax Key LSBT 0219.994.007, including planner's comments, was made by Trustee Baum and seconded by Commissioner McCormick. All those in favor said Aye; one Nay was recorded. The motion carried 6-1. Mr. Fitzgibbon thanked the Commission and Village staff for their time and indicated he would follow up promptly with the building permit applications for both tower locations. PLAN COMMISSION May 27, 2026 Page 9 of 9 Office: (262) 246-6100 | Email: VillageHall@LisbonWI.gov | Website: www.LisbonWI.gov Planner Report Planner Sumwalt reported that four applications had been received for the June Plan Commission meeting agenda. He also reminded Commission members that Blaze Landscape would be returning for its biannual conditional use review and that an associated site plan/plan of operation amendment would also be on the agenda. Clerk Cappozzo asked that Commission members complete their Quarry Inspections and forward the reports to her once finished, so that the reports could be scheduled for either the June or July agenda depending on meeting length. Adjournment There being no further business, motion by Eberle, second by Baum, to adjourn the meeting at 8:47p.m. Respectfully submitted, Elisa M. Cappozzo, WCMC Lisbon Village Clerk