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VILLAGE OF LISBON W234N8676 Woodside Road Lisbon, WI 53089-1545 MEETING MINUTES PUBLIC HEARINGS & PLAN COMMISSION RICHARD JUNG FIRE STATION – April 22, 2026, at 6:30 PM Office: (262) 246-6100 | Email: VillageHall@LisbonWI.gov | Website: www.LisbonWI.gov Call to Order President Gehrke called the Public Hearings and Plan Commission meeting to order at 6:32p.m. Roll Call Present: Village President Gehrke; Trustees Quinn (via Zoom) and Baum; Commissioners Oelhafen, Eberle, Howard, McCormack, and Lesser; Planner Sumwalt; Engineer Leisses; Attorney Larson; Administrator Green; and Clerk Cappozzo. Absent: None. Public Hearing No. 1: Village Board and Plan Commission will consider a proposed amendment to various sections of Chapter 18.03 of the Village of Lisbon Zoning Code related to Site Regulations. Clerk Cappozzo read the published Notice of Public Hearing into the record , and President Gehrke opened the Hearing. Planner Sumwalt explained that the amendment arose from a housekeeping issue identified during the recent Heinritz/Zandi rezoning and Certified Survey Map proceedings. He recounted that the Village had previously adopted a code section permitting the Plan Commission to consider the creation of a parcel on which a detached accessory structure already exists, allowing that structure to remain while a new home is proposed and constructed on the property. The ordinance had been properly adopted following a publ ic hearing, but was inadvertently omitted from the subsequent codification effort. As a result, the relevant language did not appear in the current zoning code. Planner Sumwalt confirmed that the proposed language being considered was substantively identic al to the originally adopted ordinance, with only minor updates: the substitution of "village" for "town," and the correction of the chapter reference to reflect the current Chapter 18 designation. Planner Sumwalt further noted that the adoption of this amendment was a condition placed on the Heinritz/Zandi CSM approval, as its existence was necessary to allow that project to move forward. President Gehrke asked Trustee Quinn, participating via Zoom, if she had any questions. Clerk Cappozzo indicated that Trustee Quinn had no questions. President Gehrke then opened the hearing to public comment. PLAN COMMISSION April 22, 2026 Page 2 of 10 Office: (262) 246-6100 | Email: VillageHall@LisbonWI.gov | Website: www.LisbonWI.gov No members of the public present in the room wished to speak. Clerk Cappozzo confirmed that no hands were raised by participants on Zoom. There being no further comments, President Gehrke closed the Public Hearing at 6:36p.m. ****** Public Hearing No. 2: Plan Commission will consider a request by applicant James Heinritz/ Hometown Storage Solutions LLC, on behalf of property owner Jim Wesp/ Wesp Family Trust, for a Conditional Use Permit to allow a self -storage facility on the northeasternmost 3 acres of a vacant 15.65 -acre parcel in the B -3 General Business District located along County Road Q and identified as Tax Key LSBT 0161.999.010. Clerk Cappozzo read the published Notice of Public Hearing into the record , and President Gehrke opened the Hearing. Planner Sumwalt provided a summary of the application and the state of the underlying Certified Survey Map (CSM). He explained that the conditional use permit request by Mr. Heinritz on behalf of Hometown Storage Solutions LLC was for a self-service storage facility constituting Phase 1 of the "Lake 5 Storage" development, which would include both contractor storage and self -service storage components. Self -service storage requires a conditional use permit in the B -3 General Business District, into which th e subject parcel was conditionally rezoned from R -1 and B -2 by Village Board Ordinance 2025-11. The area subject to the rezoning aligned with Lot 2 of the CSM. Planner Sumwalt then turned to his primary recommendation: that the item be tabled. He explained that the CSM conditionally approved by the Village Board on January 14, 2026, had not yet been recorded with Waukesha County, and therefore no tax parcel number had been assigned to Lot 2. This posed a procedural problem, as the Village's standard practice is to tie a conditional use permit approval to a specific tax parcel number. Planner Sumwalt reported, however, that significant progress had been made in the preceding week. The petitioner had delivered a signature copy of the CSM to the Village Attorney's office that same day, and several outstanding conditions of the CSM approval had been addressed, including: ● A full wetland delineation report had been completed by ecological services, satisfying the condition for a field delineation during the growing season; ● Language specifying what activities are prohibited within the natural resource areas, including wetlands and isolated natural resource areas on the parcel, had been added to the CSM; ● A development agreement for public improvements, including the stubbed road ("Generations") on the west side of the CSM, was being worked on in the background; and ● Soils information from on-site soil borings had been added to the CSM document. PLAN COMMISSION April 22, 2026 Page 3 of 10 Office: (262) 246-6100 | Email: VillageHall@LisbonWI.gov | Website: www.LisbonWI.gov Planner Sumwalt noted that while the document was nearly ready to be recorded, it had not yet been filed. He stated that his recommendation was to table the item to the next meeting date, as recording and tax parcel assignment appeared achievable within th at timeframe. He added that, should the Commission wish to proceed, he had provided conditional recommendations for approval in his staff review. Petitioner James Heinritz addressed the Commission briefly, noting that he believed the CSM was very close to being ready, and that signatures were nearly in place. He confirmed that a signed copy had been delivered to the Village Attorney's office that day. Village Attorney Larson acknowledged receipt of the signed CSM copy, noting that he had not yet reviewed it but had it in hand. A member of the Commission questioned the rationale for proceeding with the public hearing at all if the matter was to be tabled, and whether doing so would require another public hearing notice. Village Attorney Larson explained that best practice would be to open the hearing that evening—given it had already been published—and then adjourn it to a date, time, and location certain. This approach would avoid the need to re-publish the notice, as an adjournment to a stated future date does not require a new mailing. Clerk Cappozzo confirmed that no additional mailing would be required if the hearing were adjourned to a date certain. The Commission agreed this was the appropriate course o f action. President Gehrke opened the public hearing for comment. No members of the public in attendance wished to speak. Clerk Cappozzo confirmed no hands were raised on Zoom. Clerk Cappozzo informed the Commission that, if adjourned to the next meeting , the continued hearing date would be Wednesday, May 27, 2026. A motion to adjourn Public Hearing No. 2 to Wednesday, May 27, 2026, at 6:30 PM was made by Commissioner McCormack and seconded by Commissioner Lesser. The motion carried unanimously. ********************************* Citizen Comments None. New Business A. Amend various sections of Ch. 18.03 of the Zoning Code related to Site Regulations President Gehrke confirmed with Planner Sumwalt and Administrator Green that no additional information needed to be added beyond what had been presented during the public hearing. The Commission indicated it was prepared to act. A motion was made to recomm end adoption of Ordinance 2026-03 to the Village Board. PLAN COMMISSION April 22, 2026 Page 4 of 10 Office: (262) 246-6100 | Email: VillageHall@LisbonWI.gov | Website: www.LisbonWI.gov A motion to recommend to the Village Board adoption of Ordinance 2026 -03, amending various sections of Chapter 18.03 of the Village of Lisbon Zoning Code related to Site Regulations, was made by Commissioner Lesser and seconded by Commissioner Eberle. Motion carried unanimously. B. National Trench Safety for a new tenant SPPOO at W223N6219 Richard Road/ LSBT 0241.999.002 Planner Sumwalt provided a summary of the application. The petitioner, National Trench Safety, represented at the meeting by Mike Murphy via Zoom, is a new -to-market business proposing to lease the entire Polyak Trucking property —approximately 4.16 acres i ncluding the existing building—located at W223N6219 Richard Road. Polyak Trucking would be relocating its operations, and National Trench Safety would assume the entire site. Planner Sumwalt described National Trench Safety's proposed operations as a construction trench safety equipment sales, service, and rental business, which he characterized as comparable in nature to Vermeer's operations across Richard Road, though dealing in a different category of equipment. The petitioner confirmed that this would be National Trench Safety's first Wisconsin location, serving approximately a two -hour radius around Milwaukee and complementing the company's Chicago market operations. Key operational details included approximately six full-time employees; business hours of 7:00 AM to 5:00 PM, Monday through Friday; staff on -site from 6:00 AM to 6:00 PM; and 24/7/365 operating hours. The property is zoned M-2, which permits this type of use. Outdoor storage of new and used trench box rental equipment and delivery trucks would be confined to the rear (west end) of the site, within the existing asphalt surface outdoor storage area behind the building. The petitioner proposed a six -foot-tall gate and fence on both the north and south sides of the building to restrict access to the rear yard. Security cameras providing 24 -hour monitoring were also proposed. The petitioner updated the Commission that a revised site plan showing the location of the s ecurity fencing, gates, and cameras had been submitted the day prior, satisfying staff's main outstanding condition. Planner Sumwalt noted that the site surface drains to an existing ditch in the Richard Road right - of-way and is served by a regional stormwater pond to the east. No additional impervious surface was being added, so no stormwater concerns were identified. H e confirmed that no fuel storage infrastructure previously shown on the Polyak site plan had ever been installed; the only on -site fuel would be a small quantity (approximately 10 gallons) for small equipment, stored in a designated locker in the shop. Sol vents would be stored in a secure chemical locker. Planner Sumwalt indicated there would be minimal waste oil generated given the nature of the business . Delivery truck traffic and forklift activity were acknowledged as sources of noise during normal business hours. The petitioner confirmed that a 30,000-pound forklift would be used outdoors, and a smaller electric or propane forklift would be used within t he shop. Loading and unloading of PLAN COMMISSION April 22, 2026 Page 5 of 10 Office: (262) 246-6100 | Email: VillageHall@LisbonWI.gov | Website: www.LisbonWI.gov equipment would be handled by forklifts rather than cranes. Delivery trucks would be refueled at local stations. Planner Sumwalt noted a typographical error in his staff review indicating business hours of 7:00 AM to 4:00 PM; the correct business hours as stated by the petitioner were 7:00 AM to 5:00 PM, and this correction would be reflected in the approval. A motion to approve the Site Plan/Plan of Operation for Mike Murphy/National Trench Safety for a new tenant occupancy on the Polyak Trucking parcel located at W223N6219 Richard Road/LSBT 0241.999.002, subject to staff conditions including the correction of business hours to 7:00 AM to 5:00 PM, was made by Commissioner Eberle and seconded by Commissioner McCormack. Motion carried unanimously. C. Mary Fallon for a 2-Lot CSM at N56W26106 Richmond Road/ LSBT 0260.994 Planner Sumwalt provided background on this item, noting that it had previously come before the Commission in connection with a proposed rezoning, which was subsequently approved. At that time, the Commission had directed that the remnant parcel be incorpo rated into the CSM document. Ms. Fallon's objective is to divide her property to create a five-acre parcel for her son to build a home on, located at the intersection of Richmond Road and Mary Hill Road. The remainder of the parcel—approximately 28.97 acres—would constitute Lot 2. Planner Sumwalt reported that the petitioner had complied with the Commission's directive. The surveyor produced a two -lot CSM incorporating the full parcel and accurately depicting the wooded areas, stream, and wetlands on the property. He indicated that the moratorium review had been previously submitted as part of the January packet, and that staff's recommendation was for approval. Ms. Fallon was present in the audience and had no additional comments to offer. One Commissioner confirmed that the required soil moratorium documentation had been submitted. No other questions arose from the Commission. A motion to recommend to the Village Board approval of the 2 -Lot Certified Survey Map for the Mary Fallon parcel located at N56W26106 Richmond Road / LSBT 0260.994 , subject to Planner and Engineer comments, was made by Commissioner Eberle and seconded by Commissioner Oelhafen. Motion carried unanimously. D. James Heinritz/ Hometown Storage for CUP for Self-Storage facility at LSBT 0161.999.010 E. James Heinritz/ Hometown Storage for SPPOO for Self-Storage facility at LSBT 0161.999.010 PLAN COMMISSION April 22, 2026 Page 6 of 10 Office: (262) 246-6100 | Email: VillageHall@LisbonWI.gov | Website: www.LisbonWI.gov President Gehrke noted that, given the decision to adjourn the related public hearing, it was consistent to table both the Conditional Use Permit and Site Plan/Plan of Operation items as well, pending recording of the CSM and assignment of a tax parcel number. Planner Sumwalt confirmed this was his recommendation and that the same rationale applied to both items. The Commission briefly considered whether there was any feedback to offer the applicant in the interim that could be addressed before the May 27 meeting. No specific concerns were identified as requiring immediate transmission to the petitioner. A motion to table Items 5D and 5E — the Conditional Use Permit and Site Plan/Plan of Operation for James Heinritz/Hometown Storage on parcel LSBT 0161.999.010 — to the Wednesday, May 27, 2026 Plan Commission meeting at 6:30 PM was made by Commissioner Eberle and seconded by Commissioner McCormack. Motion carried unanimously. F. Tracy Weber for Conceptual Review of proposed subdivision at LSBT 0271.999 Planner Sumwalt explained that Mr. Weber’s concept plan involves a 40 -acre parcel owned by Magnum Excavating LLC, currently zoned A -10 with a small wetland area. Planner Sumwalt noted that an area plan for the adjacent eastern parcel was included to show potential future road connectivity, though no guarantees were implied. The plan proposes 25 lots, each with approximately 1.5 acres, with a connection via Carlene Drive to the north but no southern outlet to Lynndale Road due to steep terrain. The idea of a southern connection via the adjacent land where topography might be more favorable was discussed. Concerns were raised about having only one access point, with Commissioner Howard advocating for a second entrance onto a main road like Lindale for safety and construction traffic reasons. Mr. Weber acknowledged ongoing discussions about potentially acqui ring adjacent land for this purpose. Commissioner Eberle highlighted the challenges of Carle ne Drive's topography, suggesting feasibility studies for a connection that complies with slope standards. Phasing the subdivision to focus initially on the northern portion was suggested until a secondary access is viable. Technical evaluations mentioned sl opes above 12% needing preservation, potential noncompliance with the ordinance, and the necessity for stormwater management facilities. It was noted that the discussion was for conceptual feedback only, not for approval. A rezoning application would be needed, addressing stormwater, road design, and slope compliance. Immediate recommendations include Mr. Weber consulting Waukesha County regarding Lynndale Road access feasibility to inform further design. G. Bi-annual Compliance Report for Blaze Landscape at W220N5859 Townline Rd/ LSBT 0244.999.001 Planner Sumwalt provided the Commission with background on the Blaze Landscape Contracting conditional use permit, which was approved by the Village Plan Commission on November 29, 2023, for a contractor's yard on the Town line Road parcel (Tax Key 0244.999.001). The initial CUP PLAN COMMISSION April 22, 2026 Page 7 of 10 Office: (262) 246-6100 | Email: VillageHall@LisbonWI.gov | Website: www.LisbonWI.gov was recorded on May 15, 2024, as Document No. 4766407 in Waukesha County. Condition 3 of the permit requires a biennial compliance review by the Plan Commission, with the petitioner submitting a written compliance report not fewer than 60 days and not more than 90 days prior to the two -year anniversary of the permit's issuance. Planner Sumwalt confirmed that the petitioner, Blaze Landscape Contracting, Inc., had submitted its compliance report within the required timeframe—on February 20, 2026—which is at least 60 but not more than 90 days before the May 15, 2026 two-year anniversary. Planner Sumwalt noted that the petitioner's compliance report included a current site plan (Exhibit B), an updated equipment list (Exhibit A), and responses to the permit's conditions asserting full compliance. However, Planner Sumwalt identified two areas of concern in his staff review. The first was a series of complaints received by the Village this year related to burning activities on the site. These complaints, included in the packet as Exhibit C, raised questions under Condition 14A of the CUP, which states that no use is authorized unless conducted in a lawful and peaceful manner, and that nothing in the permit authorizes any public nuisance. Planner Sumwalt noted that the Commission should evaluate whether the burning activities were consistent with the intent and limitations of the original approval. The second area of concern was that the current site plan submitted as Exhibit B showed differences from the originally approved site plan. Because Condition 2 of the site plan/plan of operation approval requires compliance at all times with the approved p lan documents, Planner Sumwalt had requested that Blaze Landscape provide a summary of the changes. His recommendation was that the Commission direct Blaze Landscape Contracting to submit a site plan/plan of operation amendment application by the May submi ttal deadline for the June Plan Commission meeting, in order to formally address both the site plan changes and the burning - related conditions. The petitioner, Blaze Selestow , addressed the Commission at length. He acknowledged that the burning issue appeared to be the central concern and offered to address it directly. He explained that when the CUP was originally approved, he was authorized to burn up to seven days per month. However, he noted that in practice, his operations required burning only in December, January, and February—the winter months when his business is slower and when residents are less likely to have windows open. He stated that over three years of operatio ns, he had burned only 14 days total across those three months, far fewer than the 84 days he was authorized under the original permit. He described his burn site as a 30 -foot-deep pit completely surrounded by natural features, and stated that he burns onl y wood material —brush and trees —generating ash that is repurposed for use in landscaping projects. He emphasized that no toxic or hazardous materials are generated by the burning. The petitioner further explained that his burn protocol had evolved. Under the previous Lisbon Fire Department’s jurisdiction, he had agreed at the request of Administrator Green to reduce the PLAN COMMISSION April 22, 2026 Page 8 of 10 Office: (262) 246-6100 | Email: VillageHall@LisbonWI.gov | Website: www.LisbonWI.gov allowable wind speed threshold for burning from 10 miles per hour to 9 miles per hour, and had also adopted a practice of stopping burning immediately if wind conditions changed during the day. Under the current jurisdiction (Pewaukee Fire), the protocol r equires calling the fire department at 7:00 –7:30 AM on the day of a burn, receiving acknowledgment by text or phone, and calling again when the fire is extinguished. He stated that he had faithfully followed this procedure during the most recent winter burning season. The petitioner expressed the view that the complaints were driven largely by one individual and argued that 14 days of winter burning was a minimal imposition compared to the 84 days authorized. He also noted that his chipper —a large commercial unit —was a noise-generating alternative to burning, and had drawn a noise complaint from the neighbor immediately adjacent to his property. Commissioner Howard raised the most pointed concerns, noting that the complaints received were significant. She argued that even low-wind conditions could cause smoke to hang in nearby residential subdivisions at low elevations, causing respiratory distres s for residents, including children at nearby schools who are outdoors for recess during the winter months. She drew an analogy to the Canadian wildfire smoke events of recent summers, noting that on days when smoke lingers at ground level, it poses genuin e health risks regardless of wind speed. She urged the Commission to explore alternatives to burning entirely, including chipping, rather than modifying burn conditions. The petitioner responded that chipping was economically less efficient and generated large volumes of wood chip material that would need to be managed separately. He noted that at land- clearing jobs, wood chips are typically left on -site for clients, where as the volume of material brought to his contractor's yard for processing was different in nature. He questioned whether the Commission would consider allowing the use of the Village's compost site as a disposal outlet for chipped material, which President Gehrke indicated would not be permissible under current Village policy, as the compost site is not open to commercial users. Several Commission members who had been present at the original CUP approval noted that the burning authorization had been contemplated as a temporary measure to address the backlog of material on-site while the pit was gradually being filled. Commissioner McCormack noted that the petitioner had previously estimated approximately 10 years to fill the pit and that, given the pace of fill operations, that timeline appeared likely to extend further. He questioned whether the petitioner would consider committing to a finite number of burn days—such as 14 per year—given that this had been his actual practice. The petitioner indicated he was comfortable committing to 14 days, confined to the winter months of December, January, and February. Village Administrator Green noted that he had communicated with the lead neighbor representative in opposition, and had informed them that the June Plan Commission meeting was PLAN COMMISSION April 22, 2026 Page 9 of 10 Office: (262) 246-6100 | Email: VillageHall@LisbonWI.gov | Website: www.LisbonWI.gov the expected date for further action, given that no site plan amendment application could be placed on the May agenda without a completed submission by the current day's deadline. President Gehrke confirmed that the burning season had already concluded for the year and that no further burning would occur until winter, providing adequate time to address the matter at the June meeting. Planner Sumwalt's recommendation —that the Commiss ion make no compliance finding at this time and table the matter pending submission of a site plan/plan of operation amendment application addressing the burning hours, procedures, source materials, and frequency, as well as the differences between the approved and current site plans—was accepted by the Commission. A motion to table the review of the biennial compliance report for Blaze Landscape Contracting, Inc. to the Wednesday, June 24, 2026 Plan Commission meeting at 6:30 PM, pending submission of a site plan/plan of operation amendment application, was made by Commissioner E berle and seconded by Commissioner Howard. Motion carried unanimously. H. Approve renewal of annual license for American Mobile Home Communities (Willow Springs) Motion by Howard, second by McCormack, to approve the annual Mobile Home Park license for American Mobile Home Communities d/b/a Willow Springs, and recommendation to Village Board of the same. Motion carried unanimously. I. Assignment of annual Quarry Inspections Clerk Cappozzo explained the procedure for annual quarry inspections. Commissioners volunteered for the following assignments: • Trustee Baum: Lannon Stone Products (4 locations) and Stark Pavement • Commissioner Eberle: Genesee Aggregates (3 locations) • Commissioner McCormack: Amrize (former Holcim – LaFarge) • Commissioner Howard: Payne and Dolan • Commissioner Oelhafen: Halquist (Ideal Quarry) President Gehrke offered to take over any inspections if needed. No formal action taken. Motion by *, second by *, to recommend Village Board approval of *, subject to Planner and Engineer comments: * Motion carried unanimously. Planner Report Planner Sumwalt gave a brief update on recent Planner Appointments and upcoming projects. No action taken. PLAN COMMISSION April 22, 2026 Page 10 of 10 Office: (262) 246-6100 | Email: VillageHall@LisbonWI.gov | Website: www.LisbonWI.gov Adjournment There being no further business, motion by Oelhafen, second by McCormack, to adjourn the meeting at 8:22p.m. Respectfully submitted, Elisa M. Cappozzo, WCMC Lisbon Village Clerk