Pago Pago, AMERICAN SAMOA — Lawmakers are questioning the role and enforcement authority of the American Samoa Zoning Board after raising concerns that some business owners are operating multiple ventures within a single location in violation of zoning and licensing rules.

The concerns surfaced Wednesday during the Fono’s joint budget hearings as legislators reviewed the FY 2027 proposed budget for the Department of Commerce (DOC). Appearing before the committee were DOC Deputy Director Uili Leauanae, Assistant Deputy Director for Urban Planning & Development Reinette V. Thompson‑Niko, and Comptroller Lorina Ofagalilo.

During the hearing, Rep. Faimealelei Anthony Allen pressed the DOC officials on whether the department conducts on‑site inspections before issuing business licenses. He argued that the lack of physical inspections has allowed some business owners to operate multiple, unrelated ventures within the same compound — arrangements he said violate zoning classifications and create public safety concerns.

Faimealelei pointed to examples where restaurants were operating alongside carwash services, with vehicles being washed just steps away from dining areas. He said such setups raise questions about sanitation, safety, and whether the businesses were ever properly vetted.

The Aua faipule also highlighted O&O Enterprises in Nu‘uuli, which he said operates a retail store, wholesale outlet, and car rental service all within the same location. He argued that clustering these operations into one site has created significant parking shortages and contributed to traffic congestion along the adjacent main road.

“With all these business operations crammed into one location, there is not enough parking space for customers,” Faimealelei said. “It’s causing traffic delays and congestion right next to the main road.”

Faimealelei questioned how such businesses were able to obtain licenses in the first place.

“How did this happen?” he asked. “How did these businesses receive licenses from your department to run their operations with blatant disregard for existing laws?”

In response, Deputy Director Uili Leauanae told lawmakers that business license applications — particularly for operations like the one in Nuʻuuli — are required to demonstrate adequate parking space before they can be considered. 

He noted that Nuʻuuli falls within the Territory’s Watershed Conservation Zone, a zoning category where commercial activity is generally prohibited. Because of this, any business proposal in the area must be forwarded to the Zoning Board for special review.

Leauanae explained that the Zoning Board evaluates two key factors: whether the proposed parking layout meets the mandated setback distance from the main road, and whether the business itself aligns with the zoning laws governing the area. Only after the Board determines that the proposal satisfies zoning requirements does the Department of Commerce issue a business license.

He emphasized that the Zoning Board operates as an independent authority within the Department of Commerce. The Board consists of nine members: four appointed by the Governor from the Executive Branch; three appointed by the District Governors through the Office of Local Government; and two representing the Legislature, appointed by the Senate President and the Speaker of the House.

Representative Ben Sauvao raised concerns over the Port Administration’s plan to construct a large‑scale solar farm on airport property, a project slated for the grassy area at the end of the runway as part of the Vision 2030 redevelopment initiative. The solar installation is expected to generate between 20 and 24 megawatts of power, making it one of the largest renewable‑energy projects ever undertaken in American Samoa.

Sauvao, who represents Tualauta, said the proposed location sits uncomfortably close to the main road and to residential homes in his district. He also pointed out its proximity to the Tafuna High School compound, noting that any major infrastructure project of this scale warrants careful review to ensure the safety and well‑being of nearby residents and students.

The Tualauta faipule asked DOC officials whether a land‑use permit application for the solar farm had been submitted and, if so, whether it had been referred to the Zoning Board for mandatory review. Sauvao added that he was aware a contractor had already been awarded the project, raising questions about whether zoning procedures were being followed in the correct order.

Deputy Director Leauanae responded that he was not certain whether an application had been filed with the department. He assured lawmakers that he would check the status of the permit and report back to the Fono.

In an exclusive interview with Zoning Board Acting Chairman Motuiliu Vesi Matuʻu, he recalled that the land-use permit for the O&O Enterprises businesses in Nu'uuli was allegedly approved more than 20 years ago. 

O&O Enterprises submitted its most recent land‑use permit application in October 2025, proposing the construction of a shopping center on four acres of individually owned land behind the Veterans Memorial Stadium in Tafuna. 

The property, leased from Domina Louata Kellog and her brother Harold Fonoti Annastas, borders a residential neighborhood in Petesa, just past the School Lunch Program Office. The initial site plan proposed an entry point on the Petesa side, placing commercial traffic directly into the residential area.

Motuiliu said the Zoning Board rejected that portion of the proposal to prevent traffic congestion and protect the quiet‑use character of the Petesa neighborhood. The Board ruled that any access road for the shopping center must instead branch off the airport road next to the stadium, where traffic flow is better suited to commercial activity.

The Acting Chair, who serves as the Western District Governor’s representative on the Board, as well as its Deputy Chairman, reiterated that adequate parking remains a critical prerequisite for any land‑use permit application. He said parking availability directly affects traffic flow, pedestrian safety, and emergency access — especially in high‑congestion areas such as Nuʻuuli, where O&O’s existing operations have already drawn scrutiny from lawmakers. 

Without a detailed parking plan, he noted, the Board cannot determine whether a proposed development meets zoning requirements or protects surrounding communities. Without a clear plan demonstrating how customer and employee vehicles would be accommodated, he said the Board could not legally approve the request.

Motuiliu emphasized that the Board’s decision does not end the matter entirely. Under zoning procedures, O&O Enterprises retains the right to appeal the denial, allowing the applicant to present additional information or request reconsideration if they believe the Board erred or if new documentation becomes available.

Regarding the Port Administration’s proposed solar farm on airport property, Motuiliu stated that the Zoning Board has not received any land‑use permit application for the project. He noted that, given the scale of the proposed 20‑ to 24‑megawatt installation and its proximity to residential neighborhoods, Tafuna High School, and the main road, a zoning review would be required before any construction could legally proceed. The absence of an application, he said, indicates that the project has not yet entered the zoning approval process.

Faipule Faimealelei told the joint budget hearing that he intends to call the American Samoa Zoning Board before the House of Representatives to explain how certain businesses were allowed to operate despite blatantly violating zoning laws. 

He acknowledged that it was clear previous boards had approved land‑use permit applications for these businesses, and said he would formally request access to the Board’s meeting minutes — records which, by law, should be preserved in the national archives.

Faimealelei said the Legislature needs to understand how these approvals were granted, particularly in cases where businesses were operating multiple ventures on a single property without meeting zoning requirements for parking, access roads, or land‑use compatibility. He emphasized that reviewing past minutes is essential to determining whether proper procedures were followed or whether oversight failures occurred.

The current members of the American Samoa Zoning Board include Chairman Vesiai Poyer Samuelu (Governor’s appointee); Assistant Attorney General Louise Lafitaga, who serves as the Board’s legal counsel; Puletu Dick Koko (Governor’s appointee); Rep. Ape M. Asifoa (House Speaker’s appointee); James L. McGuire (Senate President’s appointee); Tavita Tili (Manu‘a District Governor’s appointee); Taesali Lefiti (Governor’s appointee); Motuiliu Vesi Matuʻu (Western District Governor’s appointee); Taesali Matagi (Eastern District Governor’s appointee); and Fofoga Sagato (Governor’s appointee).

Members of the American Samoa Zoning Board during their meeting last week. From left: Puletu Dick Koko, Rep. Ape M. Asifoa, Vesiai Poyer Samuelu (Chairman), ZB Legal Counsel Assistant AG Louise Lafitaga, James L. McGuire, Tavita Tili, and Taesali Lefiti. Absent: Motuiliu Vesi Matu'u, Taesali Matagi, Fofoga Sagato. [photo: Asi A. Fa'asau]

With the Board now under heightened scrutiny, Faimealelei said the upcoming hearing will focus on understanding the decision‑making process behind past approvals, ensuring compliance with zoning laws, and determining whether corrective action is needed to prevent similar violations in the future.

The Zoning Board is responsible for regulating land use across the Territory under Title 26, Chapter 3 of the American Samoa Code Annotated (A.S.C.A.). It ensures that development is safe, orderly, and consistent with zoning laws.

Among its mandated roles, the Zoning Board controls intensity of use where multi‑use or high‑traffic businesses may be restricted if the zone cannot support parking, traffic flow, or safety requirements. It also governs mixed-use operations where applications for running multiple businesses on one property often require special approval or a Planned Unit Development (PUD).

If the land use doesn’t match the business activity, DOC cannot legally issue a license unless the Zoning Board approves a variance or reclassification.

Of note, not mentioned during the joint hearing is that another over-crowded business area in Nuuuli, is located just up the road from O&O, right next to the Catholic church. It is home to the Tuinaitau car rental, a game center, laundromat, and retail store — they all share the same parking lot to the front of the main building in the locale, which is right off the main road. 

The business started out as a locally owned mom & pop store, and was then taken over by Asians that now operate multiple businesses out of the location. 

There has also been questions in the community about the new two-story building that was added in the location that seems to be a flimsy-looking pre-fab. It houses the game center on the bottom and what looks like living quarters on the top floor.