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VILLAGE OF LISBON W234N8676 Woodside Road Lisbon, WI 53089-1545 MEETING MINUTES PUBLIC HEARING(S) & PLAN COMMISSION RICHARD JUNG FIRE STATION – JANUARY 28, 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:**p.m. Roll Call Present: Village President Gehrke; Trustee Beal and Baum; Commissioners Oelhafen, Eberle, Howard, McCormack, and Lesser; Planner Sumwalt; Engineer Leisses; Attorney Larson; Administrator Green; and Clerk Cappozzo. Public Hearing No. 1: Village Board and Plan Commission will consider a request by owner/applicant Mary Fallon to rezone approximately 5 acres in the southeastern-most corner of the property located at N56W26106 Richmond Road/ LSBT 0260.994 from the A -10 Agricultural district to the A-5 Mini Farm district. *No changes are proposed to any lands within the C -1 Conservancy or Shoreland Overlay districts. Clerk Cappozzo read the published Notice of Public Hearing into the record and President Gehrke opened the Hearing. Planner Sumwalt explained that the petitioner owns approximately 34 acres and proposes to rezone about 5 acres in the southeast corner near Richmond Road and Mary Hill Road. The purpose is to facilitate the creation of a new parcel for the petitioner's son as a new home site. The application was originally intended to include a certified survey map (CSM), but the requested waiver for excluding the remnant portion could not be considered because the village's rules require a minimum of 40 acres to entertain such a waiver. The petitioner will need to decide whether to have the rest of the parcel surveyed for the CSM. A draft showing the proposed 5 -acre lot (approximately 380 by 575 feet) was presented, and the parcel has had perk tests and soil borings completed showing it can be served by a septic system. Sumwalt noted the proposed zoning is consistent with the low-density residential land use designation for the area. Staff recommended conditions of approval, including that the rezoning be subject to village approval of a certified survey map. The differen ce from the original plan is that the CSM will need to include a second lot for the petitioner's farmstead parcel. Mary Fallon, the petitioner, came forward but did not have anything to add to Sumwalt's presentation. PLAN COMMISSION January 28, 2026 Page 2 of 9 Office: (262) 246-6100 | Email: VillageHall@LisbonWI.gov | Website: www.LisbonWI.gov President Gehrke opened the floor for questions from the commission. Commissioner Eberle asked the village engineer about the dedication on Mary Hill Road shown in the draft CSM, noting it appears to be 33 feet but should match the dedication across the st reet in October Fields, which he believed might be 50 feet. He wanted to ensure consistency with the right -of-way width. Engineer Leisses indicated he would verify the October Fields dedication. Commissioner Lesser clarified that October Fields is kitty-corner rather than directly across from the 5-acre parcel. There being no further comments, President Gehrke closed the Public Hearing at 6:42p.m. ****** Public Hearing No. 2: Plan Commission will consider a request by applicant Haley Gibbon, on behalf of owners Brett and Thomas Hart, for a Conditional Use Permit to allow an In -Law Unit as part of new residential construction on the property located at N59W25935 Amberwood Court/ LSBT 0255.076 in the R-1 Single Family Residential district. Clerk Cappozzo read the public hearing notice into the record, describing the request by Haley Gibbon on behalf of Brett and Thomas Hart for a conditional use permit to allow an in -law unit as part of new residential construction in the October Fields subdivision. Planner Sumwalt explained this is a conditional use permit for an in -law suite in new home construction, which differs from the previous similar case (Dalla Piazza) that involved renovation of an existing home. The proposed approximately 65,000 -square-foot home will include an in-law suite on one end of the first level for the owners' parents, with the remainder of the house for the main family. The home will meet all standard single -family zoning requirements and will have connections to sanitary sewer and municipal water, with Waukesha County Environmental Health Department approval required for the well and septic systems. A unique aspect is that the home will have two garages: one side-loaded for the main house and one front-loaded on the east end aligned with the in -law unit. The petitioner is not requesting an interior door separating the in-law unit from the remainder of the house—it will be open and free-flowing. The plans show a two-story lobby area at the main entrance with offices along the front and a mezzanine on the upper level, with production and warehouse space in the back. Sumwalt outlined the proposed conditions of approval, including a deed restriction stating the in -law unit is to be occupied by no more than two persons related by blood, adoption, or marriage to the family occupying the principal unit, and that the condit ional use is not transferable without formal approval of the plan commission. Additionally, the property owner must annually file with the village clerk's office a list of who is living in the in -law unit to ensure compliance. Condition 6 requires the facility to operate in compliance with applicable use regulations to prevent nuisance uses involving chemicals, odors, noises, or hazardous waste. PLAN COMMISSION January 28, 2026 Page 3 of 9 Office: (262) 246-6100 | Email: VillageHall@LisbonWI.gov | Website: www.LisbonWI.gov Haley Gibbon, representing the applicants, stated she had nothing to add but provided an update that they received sanitary permit approval that day and obtained HOA approval from the October Fields subdivision earlier in the week. Commissioner Eberle raised a concern about the soils report in the packet showing approval for 3 to 5 bedrooms, while the floor plan shows 7 bedrooms. He emphasized the importance of having the county acknowledge the correct number of bedrooms on the sanitary permit to protect the client and avoid future issues with property sales. Gibbon explained that the county based the permit on the number of people in the home versus bedrooms, and the septic company indicated the mound would support up to 12 people (a ssuming 2 per bedroom). However, Eberle insisted on obtaining written confirmation from the county that they reviewed the floor plans and approved the septic system for 7 or 8 bedrooms (counting the office with a closet). Building Inspector Oelhafen confir med that any room with a built -in closet and a door is considered a bedroom, and recommended obtaining something in writing from the county acknowledging the bedroom count and mound size. Commissioner Lesser raised concerns about the conditional use permit transferability and enforcement. He asked what happens if the property is sold —whether the new owners would need to reapply for the conditional use permit to use the in -law suite. Attorne y Larson explained that the property can be sold, but the conditional use is not transferable without plan commission approval. The purchaser could use it as a single family home or apply to have the conditional use extended to them, which typically would be granted if they operate it the same way. Lesser also questioned how the village would ensure only family members live in the in -law suite. Larson explained that condition 3 requires annual filing with the clerk's office listing who lives in the in -law unit, and if a non -family member is listed, the property would be in violation. Commissioner Howard questioned whether the home looks like a duplex due to the two separate garages, and asked how the 800 -square-foot limit for the in -law unit was calculated. Gibbon explained the calculation used interior dimensions stopping at the hallw ay opening. Howard noted that using exterior dimensions (28 feet by 30 feet) yields 840 square feet. Building Inspector Oelhafen performed calculations accounting for 2x6 walls and determined the interior space to be approximately 796 square feet, which satisfied the commission. Significant discussion occurred about whether the architecture appears as a single-family residence, as required by the standards. Commissioner Howard expressed concern that the two separate garages make it look like a duplex rather than a single-family home. Commissioner Lesser suggested the applicant could redesign to have a single 4-car garage with a common entrance, eliminating the separate garage on the in -law suite side. Attorney Larson clarified that the commission must review what was submitted and determine whether it meets the standards, not conduct architectural design review. PLAN COMMISSION January 28, 2026 Page 4 of 9 Office: (262) 246-6100 | Email: VillageHall@LisbonWI.gov | Website: www.LisbonWI.gov President Gehrke asked if anyone else had thoughts. Building Inspector Oelhafen noted he has seen other single-family homes in Lisbon with more than one attached garage, and the village code does not prohibit two garages. Planner Sumwalt confirmed there is no maximum number of garages, only a minimum size requirement. Attorney Larson recommended the commission walk through the conditional use standards to determine whether each has been met, given the state law limitations on conditional use review under Act 67. He noted the commission must base its decision on whether the standards are met using the substantial evidence presented. The commission proceeded through the standards. On the issue of whether the architecture is compatible with the adjacent residential neighborhood and appears to be a single -family residence, Commissioner Howard moved that the proposal does not meet this co ndition (condition e). Commissioner Lesser seconded. Discussion followed about whether the two -garage design makes the home appear as a duplex. Building Inspector Oelhafen stated a duplex would typically have two front doors and be symmetrical from the cen ter, and he would vote against denying based on this criteria. President Gehrke indicated he understood the concern but did not find the design extremely unique, noting the HOA approved it. The motion failed 2 -5, with Howard and Lesser voting in favor. Condition has been met. The commission continued reviewing standards, confirming the home has one common entrance, no interior door separating the in -law unit (which the petitioner provided a detailed written explanation for), smoke alarm requirements, site plan adequacy, complia nce with zoning district regulations, and that it would not be detrimental to public health, safety, or welfare. Commissioner Eberle's earlier concern about septic capacity was incorporated into the conditions. Attorney Larson noted that having found all standards met, the commission is obligated under Act 67 to approve the conditional use with reasonable conditions. He suggested modifying condition 5b to add "including a written acknowledgment from the county he alth department which approves the septic system for all bedrooms shown in the plans." Regarding enforcement and preventing rental use , Commissioner Howard asked if a condition could prohibit adding a door between the in-law unit and main house. Attorney Larson indicated this would be difficult to enforce but could be added if the commission has concerns about easy conversion to a duplex. There being no further comments, President Gehrke closed the Public Hearing at 7:09p.m. ********************************* Citizen Comments PLAN COMMISSION January 28, 2026 Page 5 of 9 Office: (262) 246-6100 | Email: VillageHall@LisbonWI.gov | Website: www.LisbonWI.gov None. Approval of Meeting Minutes – 12/3/2025 Plan Commission Review of the December meeting minutes was postposed to the next meeting. No formal action taken. New Business A. Rezone a 5-acre portion of N56W26106 Richmond Road/ LSBT 0260.994 from A -10 to A-5 Motion by Howard, second by Baum, to recommend Village Board approval to rezone the southeasternmost 5 acres of the Fallon parcel located at N56W26106 Rich mond Road from A -10 Agricultural to A-5 Mini Farm, subject to Planner and Engineer comments: 1. The subject property to be rezoned from the A -5 Mini Farm District to A -10 Agricultural District shall be limited to LSBT 0260.994 2. Subject to the Village of Lisbon’s approval of a Certified Survey Map. 3. The Village of Lisbon Staff is directed to draft the rezoning ordinance and place it in final form consistent with the Village of Lisbon’s discussion. 4. The Petitioner and/or Property Owner shall, on demand, reimburse the Village of Lisbon for all costs and expenses of any type incurred by the Village in connection with the review and approval of this application, including, but not limited to, the cost of professional services incurred by the Village for the review and preparation of required documents, attendance at meetings or other related professional services as well as to enforce the conditions in this approval due to a violation of these conditions. Additionally, any unpaid bills owed to the Village of Lisbon by the Subject Property Owner and/or Agent, for reimbursement of professional fees (as described above); or for personal property taxes; or for real property taxes; or for licenses, permit fees or any other fees or forfeitures owed to the Village of Lisbon must be paid on demand and prior to issuance of any permits and shall be placed upon the tax roll for the Subject Property if not paid within thirty (30) days of the billing by the Village of L isbon, pursuant to Section 66.0627, Wisconsin Statutes. Such unpaid bills also constitute a breach of the requirements of this conditional approval that is subject to all remedies available to the Village of Lisbon, including possible cause for termination of the conditional approval. Motion carried unanimously. B. CUP to allow an In-Law Suite at N59W25935 Amberwood Court/ LSBT 0255.076 Motion by Eberle, seconded by Baum, to approve a conditional use permit for an In-Law Unit as part of the new residential construction on the property located at N59W25935 Amberwood Court, with modifications to condition 5b to include written acknowledgment from the county health department approving the septic system for the floor plan of the proposed structure, and the additional provision that no door be established between the in-law unit and the remainder of the single-family home, and subject to Planner comments: 1. The Conditional Use approval is limited to LSBT 0255.076. 2. A Deed Restriction shall be filed in the Waukesha County Register of Deeds Office and a copy of the recorded document presented to the Building Inspector prior to issuance of the Building Permit. This Deed Restriction shall state that the in law unit is to be occupied by not more than two persons related by blood, adoption or marriage to the family occupying the principal unit and that the conditional use is not transferable without formal approval of the Plan Commission without necessity of a public hearing. PLAN COMMISSION January 28, 2026 Page 6 of 9 Office: (262) 246-6100 | Email: VillageHall@LisbonWI.gov | Website: www.LisbonWI.gov 3. The property owner shall annually place on file with the Village Clerk’s Office a list of who is living in the in - law unit to ensure the dwelling is still meeting the definition of an in-law unit pursuant to Section 18.02 of the Village zoning code. 4. The Village of Lisbon Staff is directed to draft the conditional use permit and place it in final form consistent with the Village of Lisbon’s discussion. 5. The Conditional Use approval shall not be in full force and effect until such time as the Petitioner obtains the necessary approvals and satisfies all comments, conditions, and concerns of the: a. Village of Lisbon Plan Commission and Board, Village Engineer, Village Planner and Village Attorney with respect to the submitted plans, documents, and specifications. b. Waukesha County Environmental Health Department for the well and septic system. 6. The Conditional Use Permit shall be filed with the Waukesha County Register of Deeds and approved as to form by the Village Attorney. 7. The Petitioner and/or Property Owner shall, on demand, reimburse the Village of Lisbon for all costs and expenses of any type incurred by the Village in connection with the review and approval of this application, including, but not limited to, the cost of professional services incurred by the Village for the review and preparation of required documents, attendance at meetings or other related professional services as well as to enforce the conditions in this approval due to a violation of these conditions. Additionally, any unpaid bills owed to the Village of Lisbon by the Subject Property Owner and/or Agent, for reimbursement of professional fees (as described above); or for personal property taxes; or for real property taxes; or for licenses, permit fees or any other fees or forfeitures owed to the Village of Lisbon must be paid on demand and prior to issuance of any permits and shall be placed upon the tax roll for the Subject Property if not paid within thirty (30) days of the billing by the Village of Lisbon, pursuant to Section 66.0627, Wisconsin Statutes. Such unpaid bills also constitute a breach of the requirements of this conditional approval that is subject to all remedies available to the Village of Lisbon, including possible cause for termination of the conditional approval. 8. Other Conditions. a. No use is hereby authorized unless the use is conducted in a lawful, orderly, and peaceful manner. Nothing in this permit shall be deemed to authorize any public or private nuisance or to constitute a waiver, exemption or exception to any law, ordinance, order, or rule of either the municipal governing body, the County of Waukesha, the State of Wisconsin, the United States of America, or other duly constituted authority, except only to the extent that it authorizes the use of the subject property above described in any specific respects described herein. This permit shall not be deemed to constitute a building permit, nor shall this permit constitute any other license or permit required by Village ordinance or other law. b. This Conditional Use hereby authorized shall be confined to the subject property described, without extension or expansion other than as noted herein, and shall not vary from the purposes herein mentioned unless expressly authorized in writing by the Village of Lisbon Plan Commission as being in compliance with all pertinent ordinances. c. Should the permitted Conditional Use be abandoned in any manner, or discontinued in use for twelve (12) months, or continued other than in strict conformity with the conditions of the original approval, or should the petitioner be delinquent in payment of any monies due and owing to municipality, or should a change in the character of the surrounding area or the use itself cause it to be no longer compatible with the surrounding area or for similar cause based upon consideration of public health, safety or welfare, the Conditional Use may be terminated by action of the Village of Lisbon Plan Commission, pursuant to the enforcement provisions of this Conditional Use Permit. d. Any change, addition, modification, alteration and/or amendment of any aspect of this Conditional Use, including but not limited to an addition, modification, alteration, and/or amendment to the use, premises, structures, lands, or owners, other than as specifically authorized herein, shall require a new permit and all procedures in place at the time must be followed. e. Should any paragraph or phrase of this Conditional Use Permit be determined by a Court to be unlawful, illegal, or unconstitutional, said determination as to the particular phrase or paragraph shall not void the rest of the Conditional Use and the remainder shall continue in full force and effect. PLAN COMMISSION January 28, 2026 Page 7 of 9 Office: (262) 246-6100 | Email: VillageHall@LisbonWI.gov | Website: www.LisbonWI.gov f. If any aspect of this Conditional Use Permit or any aspect of any plan contemplated and approved under this Conditional Use is in conflict with any other aspect of the Conditional Use or any aspect of any plan of the Conditional Use, the more restrictive p rovision shall be controlling as determined by the Village of Lisbon Plan Commission. * Motion carried 6-1, with Commissioner Lesser dissenting. C. SPPOO for Swiss-Tek Coatings to develop vacant land along Richard Road/ LSBT 0241.999.009 Motion by Baum, second by Eberle, to approve a new Site Plan/ Plan of Operation (SPPOO) for Swiss-Tek Coatings to construct a new industrial building on the parcel known as LSBT 0241.999.009 along Richard Road, subject to the addition of adequate security (as determined by the Building Inspector and Fire Department ) of hydrogen storage tanks, and subject to Planner and Engineer comments: 1. The Site Plan/Plan of Operation approval is limited to Swiss-Tek Coatings, Inc. on the existing parcel known as LSBT 0241.999.012. Use of the property by any other entity, for any purpose, is not permitted. The approval shall reflect the following Plan of Operation: a. Uses and activities: Use is limited to an approximately 65,292 square foot industrial building, for manufacturing and processing areas, quality assurance and inspection areas, warehouse, offices and employee support spaces for light manufacturing associate d with the cleaning, coating, and quality verification of customer-supplied tooling and wear parts using advanced PVD coating technologies. b. Number of employees: i. Full-time: 63 ii. Part-time 22 iii. Maximum 75 employees at any given time. c. Hours of operation: i. Business Hours: 7:00 a.m. to 5:00 p.m. Monday – Friday, 6:00 a.m. to 2:00 p.m. Saturday (Limited onsite staffing), 8:00 p.m. to 12:00 a.m. Sunday (Limited onsite staffing) ii. Operating Hours: Primary business hours as noted above, however the business/property owner and its staff shall have access to the site 24/7/365. d. Outdoor storage: Outdoor storage shall be limited to a hydrogen storage enclosure (29.6’ x 19.5’). 2. This Site Plan/Plan of Operation approval is subject to the Petitioner complying at all times with the plans and documents presented to the Village of Lisbon Plan Commission on January 28, 2026. 3. The developer shall comply with all parts of the Village Gateway Design Standards from Exhibit Q of the Village’s zoning code. 4. The developer is solely responsible for ensuring the proposed project complies with any private restrictions (e.g., covenants) and easements that may apply to the subject property. 5. Subject to the submittal of parking calculations including the area of the offices that demonstrate compliance with Section 18.03 (10) a. 7. of the Village zoning code for review and approval by the Village Planner. 6. The facility shall be operated in a manner that complies with the applicable use regulations in Section 18.03 (4) g. of the Village’s zoning code. 7. Any business signage shall be required to obtain signage approval through the Village of Lisbon sign application process. 8. The Petitioner shall satisfy all comments, conditions, and concerns of the Village of Lisbon Plan Commission and Board, Village Engineer and Village Planner for the site plan, and other documentation. 9. Waukesha County shall review the proposal for potential impacts and any changes required pertaining to erosion control and provide written documentation to the Village, prior to commencement of the use. PLAN COMMISSION January 28, 2026 Page 8 of 9 Office: (262) 246-6100 | Email: VillageHall@LisbonWI.gov | Website: www.LisbonWI.gov 10. Building Inspection. The Petitioner and/or Property Owner shall comply with any and all recommendations by the Village Building Inspector (or designee) prior to the issuance of an occupancy & use permit for the subject property. Approval by the Village Building Inspector, if granted, shall be solely for the benefit of the Village of Lisbon, and shall not be relied upon by the petitioner or others as proof of structural integrity or safety of any structure on the property, or as proof of compliance with any particular construction standard that would apply to new construction. The petitioner shall independently determine the suitability of all structures on the property for the petitioner’s intended uses. 11. Fire Inspection. The Petitioner and/or Property Owner shall comply with any and all recommendations by the Village of Lisbon Fire Department Chief (or designee) prior to the issuance of an occupancy & use permit for the subject property. Approval by the Village of Lisbon Fire Department Chief (or designee), if granted, shall be solely for the benefit of the Village of Lisbon, and shall not be relied upon by the petitioner or others as proof of fire safety o f any structure on the property, or as proof of compliance with any particular fire safety standard that would apply to new construction. The petitioner shall independently determine the fire safety and suitability of all structures on the property for the petitioner’s intended uses. 12. This approval is granted for the express conditions stated herein. Changes or alterations including, but not limited to, a change in use, premises, lands, or ownership of the property in question shall require a new Site Plan/Plan of Operation permit with all the zoning procedures at the time being followed. The allowed uses of the property must at no time be hazardous, harmful, obnoxious, offensive, or a nuisance by reasons of appearance, noise, dust, smoke, odor, or other similar factors. Any use not spec ifically listed, as permitted, shall be considered to be prohibited, except as may be otherwise specified herein. 13. The Property Owner shall keep the exterior condition of the premises in a neat and orderly condition at all times so the premises will not detract from neighboring premises. There shall be no outside storage of junk, debris, construction material, or other refuse materials within the property and all such materials shall be disposed of promptly and properly. 14. The Property Owner shall allow Village of Lisbon representatives to inspect the premises following a 24 - hour notice for the purposes of determining compliance with this approval. 15. The Petitioner and/or Property Owner shall obtain the appropriate permits from the Village of Lisbon. 16. The Petitioner and/or Property Owner shall, on demand, reimburse the Village of Lisbon for all costs and expenses of any type incurred by the Village in connection with the review and approval of this application, including, but not limited to, the cost of professional services incurred by the Village for the review and preparation of required documents, attendance at meetings or other related professional services as well as to enforce the conditions in this approval due to a violation of these conditions. Additionally, any unpaid bills owed to the Village of Lisbon by the Subject Property Owner and/or Agent, for reimbursement of professional fees (as described above); or for personal property taxes; or for real property taxes; or for licenses, permit fees or any other fees or forfeitures owed to the Village of Lisbon must be paid on demand and prior to issuance of any permits and shall be placed upon the tax roll for the Subject Property if not paid within thirty (30) days of the billing by the Village of L isbon, pursuant to Section 66.0627, Wisconsin Statutes. Such unpaid bills also constitute a breach of the requirements of this conditional approval that is subject to all remedies available to the Village of Lisbon, including possible cause for termination of the conditional approval. Motion carried unanimously. D. Request for feedback on Focus Area #1 for Sewer Service Area amendment Planner Sumwalt introduced the review of Focus Area 1 for potential sewer expansion. Engineers from Foth prepared a study, focusing initially on the southwest area due to issues at Richmond School and the fire station, both using a high -maintenance force m ain. As the road work is imminent and the area includes undeveloped land, the Plan Commission's role is to assess PLAN COMMISSION January 28, 2026 Page 9 of 9 Office: (262) 246-6100 | Email: VillageHall@LisbonWI.gov | Website: www.LisbonWI.gov appropriate land use considering future sewer service. The suggested sewer boundary is preliminary and might be revised to align with full parcels rather than dividing them. Attention was drawn to the memo items 3.1 through 3.4, evaluating the region's land use needs and compatible areas for potential development or high -density requirements. Presently, developed areas mix low -density (20,000 to 1.4 -acre lots) and suburban den sities. The existing infrastructure can handle substantial flow per agreements with Sussex. For proposals, undeveloped sections assume low-density designations. President Gehrke queried if calculations leaned towards the lower density end. Sumwalt affirmed, highlighting the importance of making flexible, long -term plans since a fixed pipe size can't be modified later. Commissioners shared hesitations about smaller lots; many preferring existing larger lot configurations to preserve Lisbon's rural charm. Green emphasized growing the sewer service is necessary, benefiting from wider customer bases to offset infrastructure costs, while decreased frontage on smaller lots could minimize village maintenance expenses. The commission stressed including expansive areas ensures flexibility, as changing land designations now can prevent reassessing potential sewer connections later. In their directive, they advised keeping the service scope broad but dismissed interest for lots under 40,000 square feet, except possibly by the industrial zone near Sussex. A further calculation will assess the f inancial viability of 40,000 -square-foot parcels under proposed extensions. Additional focus areas are anticipated, continuing detailed land use discussions Planner Report Planner Sumwalt gave a brief update on recent Planner Appointments and upcoming projects. No action taken. Adjournment There being no further business, motion by Baum, second by McCormack, to adjourn the meeting at 9:42p.m. Respectfully submitted, Elisa M. Cappozzo, WCMC Lisbon Village Clerk