HomeMy WebLinkAbout2026-05-14 Special Windward Planning Commission Written Summary MinutesPage 1 of 6 Windward Planning Commission
May 6, 2026, Written Summary Minutes
WINDWARD PLANNING COMMISSION
COUNTY OF HAWAI‘I
WRITTEN SUMMARY MINUTES
MAY 14, 2026
A video recording is made part of these minutes, which can be viewed on the YouTube
County of Hawai‘i Planning Department channel at
https://youtube.com/live/eDdFFYe5xpI
Timestamps are provided for reference in accordance with the provisions of Chapter 92,
Hawai‘i Revised Statutes. In the event the video recording becomes unavailable at the
above-mentioned URL address, the public can contact the Planning Department for
assistance.
The Special Windward Planning Commission met in session on Thursday, May 14, 2026,
at 9:06 a.m., in the County of Hawai‘i, Council Chambers, located at 25 Aupuni Street,
Hilo, Hawai‘i, with Chairman Louis Daniele III presiding. This meeting was streamed live
on YouTube. [SEE YOUTUBE TIMESTAMP 07:20]
COMMISSIONERS PRESENT: Louis Daniele III (Chairperson), Lauren Balog, Thomas
E. Fratinardo, JoNelle Fukushima, and Chantel Perrin (Vice Chair).
COMMISSIONERS ABSENT AND EXCUSED: Paul Montz and Kanoe Wilson.
ALSO PRESENT: William Jarrett, Esq. (Counsel to the Commission), Jeffrey Darrow
(Planning Director), Jean Campbell, Esq. (Counsel to the Planning Department), and
Planning Department staff.
The meeting was called to order at 9:06 a.m. by Chairman Louis Daniele III with a quorum
present. Approximately eighteen members of the public were in the audience.
OLD BUSINESS
1. APPLICANT: TEPPY MOUNTAIN, LLC (PL-SPP-2024-000075)
[SEE YOUTUBE TIMESTAMP 09:37]
Consideration and adoption of Hearing Officer’s proposed Finding of Fact,
Conclusion of Law, Decision and Order (FOF/COL/D&O), and hearing parties’ oral
argument on requested exceptions to the FOF/COL/D&O report related to the
application for a Special Permit to allow an annual, multi-day festival event with
overnight camping for up to 500 attendees and to legitimize the storage of
commercial vehicles on a 14.7-acre portion of a larger 1,419.17-acre property in
the State Land Use Agricultural District. The subject property is located at 27-476
Indian Tree Road, approximately 0.7 miles west (mauka) of its intersection with
Hawaiʻi Belt Road, Alemai to Kawainui, Pāpa‘ikou, South Hilo, Hawaiʻi, TMK: (3)
2-7-007:001 (por.).
Page 2 of 6 Windward Planning Commission
May 6, 2026, Written Summary Minutes
At 9:08 a.m., the Commission considered this item with approximately eighteen members
of the public present.
OVERVIEW OF PROCESS [SEE YOUTUBE TIMESTAMP 11:04]
STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS
[SEE YOUTUBE TIMESTAMP 11:46]
At 9:10 a.m., the Commission addressed this item with approximately seventeen
members of the public present. Six individuals provided in-person testimony, and two
individuals testified via Zoom.
ORAL ARGUMENTS [SEE YOUTUBE TIMESTAMP 43:30]
Chairman Daniele noted that the applicant had filed exceptions to the Hearing Officer’s
Report and requested oral argument before the Commission. He further noted that
Intervenors Jim McMahon and Lichun Huang, as well as the Planning Department, had
not filed exceptions or requested oral argument.
For the record, Chairman Daniele asked Mr. McMahon and Ms. Huang whether they
wished to provide oral argument, and they indicated that they did. Chairman Daniele then
asked the Planning Department whether they wished to provide oral argument, and the
Department indicated that it did.
Action: Vice Chair Perrin moved that the intervenor and the Planning Department be
permitted to present oral argument to the Planning Commission regarding Contested
Case Hearing PL-SPP-2025-000025. Commissioner Fukushima seconded the motion.
[SEE YOUTUBE TIMESTAMP 45:15] With no comments or discussion, it was carried
unanimously by voice vote. [SEE YOUTUBE TIMESTAMP 46:22]
Chairman Daniele announced that oral arguments would begin with the Planning
Department, followed by the applicant and then the intervenor. [SEE YOUTUBE
TIMESTAMP 46:41]
At 9:46 a.m. the Chairman called for a recess [SEE YOUTUBE TIMESTAMP 47:55],
and the hearing reconvened at 10:03 a.m. [SEE YOUTUBE TIMESTAMP 01:04:29]
Before oral arguments began, Chairman Daniele asked Planning Department staff
whether there were any additional in-person or Zoom testifiers. Hearing there was none,
he stated for the record that public testimony on this item had concluded. [SEE YOUTUBE
TIMESTAMP 01:04:31]
Oral Argument - Planning Department [SEE YOUTUBE TIMESTAMP 01:05:01]
At 10:03 a.m., the Planning Department provided a PowerPoint Presentation, with
approximately twenty-one members of the public present. Chairman Daniele then opened
Page 3 of 6 Windward Planning Commission
May 6, 2026, Written Summary Minutes
the floor for questions from the Commissioners to the Planning Department and staff.
[SEE YOUTUBE TIMESTAMP 01:15:04]
Oral Argument – Applicant Teppy Mountain LLC: Applicant representatives Cal
Chipchase and Jake Honigman of Cades Schutte LLP [SEE YOUTUBE TIMESTAMP
01:36:21]
Mr. Chipchase mentioned and discussed the two exceptions to the Hearing Officer’s
report relating to Condition No. 6 and No. 11.and he also addressed the Commission’s
concerns and comments made by the Planning Department and Deputy Corporation
Counsel for the Planning Department. Chairman Daniele opened the floor for questions
from the Commissioners to the applicant’s representatives, Cal Chipchase and Jake
Honigman. [SEE YOUTUBE TIMESTAMP 02:01:14
At 11:22 a.m. the Chairman called for a recess [SEE YOUTUBE TIMESTAMP
02:23:30], and the hearing reconvened at 11:43 a.m. [SEE YOUTUBE TIMESTAMP
02:44:35]
At 11:43 a.m. the hearing reconvened with approximately eighteen members of the public
present in the audience. The Commission continued questioning the applicant’s
representatives, Cal Chipchase and Jake Honigman. [SEE YOUTUBE TIMESTAMP
02:44:54]
Oral Argument – Intervenor Jim McMahon and Lichun Huang [SEE YOUTUBE
TIMESTAMP 02:47:16]
At 11:45 a.m., Intervenors, Jim McMahon and Lichun Huang, appeared at the testifiers’
table, with approximately sixteen members of the public present in the audience. The
Intervenors presented their oral argument, and the Commissioners subsequently asked
questions of the Intervenors. [SEE YOUTUBE TIMESTAMP 03:34:48]
At 12:58 p.m. the Chairman called for a lunch recess [SEE YOUTUBE TIMESTAMP
03:59:58], and the hearing reconvened at 2:01 p.m. [SEE YOUTUBE TIMESTAMP
05:02:47]
At 2:01 p.m. Chairman Daniele resumed the hearing with approximately fourteen
members of the public present. The Commission continued questioning the Intervenors,
Jim McMahon and Lichun Huang [SEE YOUTUBE TIMESTAMP 05:03:22], followed by
questions to the Planning Department [SEE YOUTUBE TIMESTAMP 05:04:44], and then
to the applicant’s representatives, Cal Chipchase and Jake Honigman. [SEE YOUTUBE
TIMESTAMP 05:23:07]
Action: Vice Chair Perrin moved to close the hearing, seconded by Commissioner
Fratinardo. [SEE YOUTUBE TIMESTAMP 05:34:42] With no comments or discussion
staff then conducted a roll call vote, and the motion carried with five ayes (Perrin,
Fratinardo, Balog, Fukushima, and Daniele), no noes, and two excused and absent
(Montz and Wilson). [SEE YOUTUBE TIMESTAMP 05:35:14]
Page 4 of 6 Windward Planning Commission
May 6, 2026, Written Summary Minutes
Chairman Daniele explained the options available to the Commission for acting on the
Special Permit application. [SEE YOUTUBE TIMESTAMP 05:35:38]
Vice Chair Perrin motioned for an executive session. [SEE YOUTUBE TIMESTAMP
05:36:46] Deputy Corporation Counsel William Jarrett advised that executive session
may only be held for the purpose of obtaining legal advice from Corporation Counsel. He
explained that a specific legal reason must be identified and noted that procedural or
record clarification questions may be addressed in open session if appropriate. Mr. Jarrett
further explained that the Commission may discuss conditions or other substantive
matters only after a motion has been made and seconded. He added that the Chair may
call a recess, provided commissioners do not discuss the merits of the application during
the break. [SEE YOUTUBE TIMESTAMP 05:36:51]
Vice Chair Perrin motioned for a recess. [SEE YOUTUBE TIMESTAMP 05:39:31] Mr.
Jarrett explained that granting a recess is at the discretion of the Chair and does not
require a motion by the Commission.
At 2:47 p.m. the Chairman called for a recess [SEE YOUTUBE TIMESTAMP
05:39:48], and the hearing reconvened at 2:54 p.m. [SEE YOUTUBE TIMESTAMP
05:47:19]
Vice Chair Perrin stated that, as a Native Hawaiian with deep ties to the land, it is difficult
to remain impartial while considering matters affecting the land and community. She
expressed her love for the land and people and emphasized the importance of
stewardship and doing what is right. [SEE YOUTUBE TIMESTAMP 05:47:41]
Action: Vice Chair Perrin moved to approve Special Permit Application No. PL-SPP-
2024-000075 to allow an annual four-day long festival event with overnight camping and
the storage of up to six commercial vehicles on 14.7 acres of a larger 1,419-acre parcel
in the State Land Use Agricultural District. The motion included adoption of the Hearing
Officer’s Findings of Fact, Conclusions of Law, Decision and Order in Contested Case
Hearing PL-SPP-2025-00025 including the conditions and including the following
amendments from the applicant on easement amendment to Condition No. 6, addition of
a sound barrier, consultation with an established cultural practitioner prior to hosting the
event, proof of special event liability insurance and amount, and a height restriction on
the Burning Man statue. Commissioner Fratinardo seconded the motion. [SEE
YOUTUBE TIMESTAMP 05:48:32] Chairman Daniele opened the floor for discussion.
[SEE YOUTUBE TIMESTAMP 05:50:13]
With no further comments or discussion prior to the roll call vote, Planning Department
staff Maija Jackson requested clarification on the proposed height restriction for the
Burning Man statue, noting that no height had been identified. Vice Chair Perrin asked
whether guidance could be obtained from Fire Department staff or other appropriate
agencies to determine an acceptable height limitation. Deputy Corporation Counsel
William Jarrett stated that the evidentiary portion of this hearing has concluded, and it
was up to the Commission to impose the particular condition. He then requested that
Page 5 of 6 Windward Planning Commission
May 6, 2026, Written Summary Minutes
Vice Chair Perrin restate her motion to ensure the Planning Department had an accurate
record of the proposed action and conditions. [SEE YOUTUBE TIMESTAMP 05:51:50]
Planning Department staff member Maija Jackson stated her understanding of the motion
is approval of the Special Permit as recommended by the Hearings Officer, including the
applicant’s proposed amendments to Condition 6 and 11, as well as additional conditions
requiring a sound barrier, proof of liability insurance, consultation with a cultural
practitioner prior to events and a height restriction for the Burning Man statue. She noted,
however, that the specific height limitation had not been identified. [SEE YOUTUBE
TIMESTAMP 05:53:53]
Vice Chair Perrin requested advice from Deputy Corporation Counsel William Jarrett. Mr.
Jarrett asked if the moving commissioner (Perrin) would be adopting the conditions as
proposed by the hearing officer in addition to the applicant’s proposed amendments to
Conditions 6 and 11, and if so, note that two of the additional conditions have question
marks. One being the amount of insurance required, and the second being the height
limit of the burning man statute. Vice Chair Perrin responded that an amount has to be
established for this type of event as the liability is great and she recollects that certain
venues carry one million dollars’ worth of coverage for these types of events. [SEE
YOUTUBE TIMESTAMP 05:54:37]
With the applicant’s representatives Cal Chipchase and Jake Honigman at the testifier
table, Vice Chair Perrin asked whether $1 million in liability insurance would be
acceptable, and no objection was raised. Regarding the height restriction for the Burning
Man statue, Mr. Chipchase suggested retaining the previously used height limit of 25 feet,
and Vice Chair Perrin agreed. [SEE YOUTUBE TIMESTAMP 05:56:05]
Planning Department staff member Maija Jackson requested clarification regarding the
proposed sound barrier, including its location, type, and height, for enforcement purposes.
Vice Chair Perrin responded that the barrier should be placed between the event area
and nearby residences, as well as between the event area and the forest to protect
nocturnal animals. Mr. Chipchase suggested that the sound barrier be installed in a
location and manner acceptable to the Planning Department, with details to be
determined in coordination with staff. Vice Chair Perrin agreed and amended the
condition to require sound barriers at locations and heights approved by the Planning
Department, and the applicant concurred. [SEE YOUTUBE TIMESTAMP 05:56:43]
With no further comments or discussion, a roll call vote was taken. The motion carried
with four ayes (Perrin, Fratinardo, Balog, and Daniele), one no (Fukushima) and two
excused and absent (Montz and Wilson). [SEE YOUTUBE TIMESTAMP 05:59:02]
Commissioner Fratinardo moved and Commissioner Fukushima seconded, to adjourn the
meeting. A voice vote was taken, the motion carried, no noes and two excused and
absent (Montz and Wilson). [SEE YOUTUBE TIMESTAMP 05:59:48]
Page 6 of 6 Windward Planning Commission
May 6, 2026, Written Summary Minutes
Chairman Daniele adjourned the meeting at 2:58 p.m.
Respectfully submitted,
Melissa Dacayanan-Salvador
Secretary
ATTEST:
Louis Daniele III, Chairman
Windward Planning Commission
Melissa Dacayanan-Salvador (Jul 5, 2026 07:46:40 HST)
Melis aDciyny --- Svln do r(rd (J u((u5, 206 7
Louis Daniele III