Commercial development across from Lupelele Elementary opposed

Pago Pago, AMERICAN SAMOA — A commercial development project planned to be built across from the Lupelele Elementary School, located in Iliili, is being met with opposition from two concerned parties — the principal of the elementary school and a matai on behalf of the Iliili Fa’alupega and concerned citizens. The matai is also one of the heirs of the property, he says was sold without their knowledge.

The commercial project is identified as a two-story commercial warehouse by Merlin Uli with Solip Hong listed on the application for the Land Use and Building Permit.

To begin, the project needs its application for Land Use and Building permit approved by the PNRS Board and Zoning Board in particular.

Samoa News was told by a concerned party that the PNRS Board passed the application, during a board meeting — last week — that was not advertised as open to the public. The PNRS board reviews land use permits for environmental concerns of projects before signing off on a permit application.

The meetings are supposed to be advertised for public participation with a date, location, time, and projects listed. Site visits are also part of the review process. It’s unknown if a site visit occurred for this part of the approval process for the Land Use Permit.

The Zoning Board is the next stop for the Land Use permit application for the two-story commercial warehouse, and again it needs a public hearing before the board is to sign off on the permit — or not. A site visit is also a part of the approval process.

The Land Use application was tabled in a February 20, 2025 Zoning Board meeting

The location of the building site for this project is a concern for at least two parties, one who cites the commercial site being located directly across from an elementary school and that the land is currently in contention — with the heirs to the land seeking legal action, claiming sale of the property occurred without their knowledge.

One of the heirs, HC Leituala Morgan T. Suapilimai has written a letter, “on behalf of the Iliili Fa’alupega and Concerned Residents” to the Zoning Board and PNRS Board opposing the 2-story warehouse project. His letter, via email, states that “we strongly condemn such business endeavor for the safety of our children.” It asks that “in the best interest of our village and our Lupelele Elementary School that the Zoning Board (EPA, Public Health, DOC, DOE, and FONO representatives, etc...) conduct site inspections/ field visits of the property and consider our position.” He also notes that the “true owner of the property” is at issue and that the two surviving children of the owner condemn “building projects, and continue to claim the property as their own, with their father’s grave on it.”

Leituala’s letter points out that “the Lupelele Elementary School was originally established in the village of Iliili for the education of the little children residing in the villages of Iliili, Vaitogi, Futiga, and others nearby. The health, safety and security of the children at Lupelele Elementary school has always been and will continue to be our top priority.”

A letter dated, Feb. 20, 2025, to the Zoning Board from the Lupelele Elementary School, Lita M. Manase, opposes “the construction of the warehouse that is planned to be built across from the school, opposite from the main entrance.” Her letter outlines several reasons, such as the increase of traffic to the area, especially for those, both staff and students, who walk to and from the school causing unsafe conditions; the road is narrow and even the school buses have difficulty moving in and out of the school, and the location is just “too close to the school”.

Her letter notes that “there are so many reasons why a warehouse, for any purpose, especially for commercial use cannot be built across from Lupelele Elementary School.”  She points to that it is just not safe for their students or the community near the school.

The public has 10 days from written decision to request written reconsideration by the Zoning Board, if it does pass the Land Use Permit for the project.

If the Zoning Board denies the permit, ‘interested parties’ can step forward with attorneys usually becoming involved at this stage, requesting a variance of the use of the land, its zone classification.

Variances can be granted, according to statute, “from the regulation applicable to a zone if it finds that the variance is necessary to make possible a reasonable use of land or a building, or that the refusal of a variance would impose a hardship, and that the variance would not be injurious the neighborhood.” 

The chair of the Zoning Board is currently Faipule Manumaua Wayne Wilson (12 District), who was appointed by the Speaker of the House. A total of 9 members appointed by various officials comprise the Board, with the Governor appointing 4, the district governor of each district appointing 1 member and the Fono appointing 1 from each chamber.

The board’s purpose, under the law — Chapter 03 Zoning Regulations 26.0301 Purpose — is to:

(1) establish certain minimum regulations for the protection and promotion of the encourage the orderly, profitable, and health development of the resources or their diversion into uses detrimental to the future growth of Samoa;

(2) assure that economic development is encouraged by enlarging the opportunity for private investment;

(3) facilitate governmental services by providing for the orderly extension of utilities, roads, and other governmental services;

(4) promote the public health, safety and general welfare by preventing unreasonable congesting and concentration of population and assuring adequate light, air, and privacy of all property;

(5) protect the unique character of Samoa, and the right of all Samoans to have a planned and attractive environment for themselves as well as for their visitors and guests; and,

(6) provide and preserve space for a growing population.

It’s unknown at this time if either the PNRS and Zoning boards will be re-constituted under the new administration.