By Scott Sullivan
Editor
Who’s the money behind a 40-condominium Enclave proposed on 19.3 acres — more than two of them state-protected wetlands, within sight of Saugatuck Township’s first-ever public sculpture?
Roundabout
The 11-foot-tall yellow steel “Canary in a Coal Mine” perches floodlit on a pedestal in the island center of the township’s first-ever roundabout. It was built last year at Blue Star Highway and Allegan Road, nicknamed “Crash Corner” after seven wrecks in 13 months between 2021 and ‘22 raised public outcry to make things safer — fast.
But applying for grants that have township, county and state commissions, boards, bureaus and agency’s interlocking strictures to penetrate prior to procuring, takes more time than that. First give us one good plan.
Need was judged urgent enough for the Allegan County Road Commission to at last put roundabout-building boots on the ground near exactly one year ago, with the ACRC estimating completion by late July.
This meant closing both Saugatuck and Douglas’s main north-south artery through much of prime tourist season would be gone, threatening with it many small shops’ margins needed to stay afloat.
Meantime, restricted traffic stayed open from either end to homes and businesses along the stretch, with pavement running up to where the roundabout proper was being installed. From the north it was torn up between entrances to the Ivy House weddings and events center, 3255 Blue Star. and Capizzo Gallery, 3279 Blue Star.
From there drivers could still reach partners Nick Cappelletti and Michelle Pizzo’s business by skirting another striped and lighted barricade, bumping tires over where asphalt became dirt, then veering east onto Capizzo’s unpaved drive and parking lot.
Why was that spot chosen? Cappelletti asked publicly at the time. He has said from its start Capizzo is meant to be an “outsiders” opportunity to share art both indoors and deeper into the east backyard. There he set up a musical stage, painted storage containers, even a trailer — used five times last year, he said — in which friends and artists in need could crash.
Neighbor Wars
But these uses weren’t cleared with nor permitted by the township, prompting Ivy House owners Brian and Candace Brown to complain about their neighbor’s violations did harm to their own business, creating late-night noise, hosting quasi-tenants, storage containers and general unseemliness right next door. What good are rules if you don’t enforce them? they asked.
Township zoning administrator Lynee Wells wrote Cappelletti Sept. 16 asking if she, township supervisor Daniel Defranco and clerk Cindy Osman could meet onsite or in township hall Sept. 23 to discuss concerns.
The upshot did not take long. Later that day, Wells wrote Capizzo six violations needed correcting, including:
- Shipping Containers (2x) Existing: 40’ and 20’ones containing library books and a stereo having electric running to them lacking agreed-to 10’ setbacks from other structures and buildings. No electrical permit on file.
- Studio Space: The existing 8’ x 12’ studio (96 square feet, shy of the minimum 120 square feet) with electrical, plumbing and cinder block pier foundation all lacking separate electrical and plumbing permits.
“If studio involves residential habitation for rental, needs a rental permit. Foundation work must meet building code standards. All electrical and plumbing installation requires licensed contractors and municipal inspections. - RV Installation Existing: RV with electric/gray/black water connections for occasional sleeping use (stated that it has been used 5x during the last 5 months), also in violation.
- Permanent Restroom Structure Existing: Port-a-jon use as a permanent facility lacks a building permit mandatory for permanent restroom construction. Septic system permits required through health department if not connected to municipal sewer.
No municipal sewer available on that stretch between 134th Avenue and Allegan Road, meaning septic for all homes and businesses there including Ivy House and Pennyroyal Café and Provisions? Let’s get back to that. - Entertainment Area Existing: Stage/deck for music and other performances lacks building permit as addition to a building. Setbacks must be met. Outdoor amplification must meet site plan review and zoning standards.
- Lean-to Utility Structure Existing: 6’ deep x 8’x12” wide lean-to too must comply with setback requirements.
- Summary: The shipping containers, studio and lean-to, Wells went on, appear straightforward for administrative amendment with proper permits, so long as they meet all dimensional requirements, which might mean they have to be relocated.
“The RV sleeping accommodation and port-a jon violate township zoning. The outdoor entertainment stage and any use as a venue for rental that is beyond accessory to the art gallery use will require a seasonal temporary use permit tied to dates and time for the event.
“The seasonal temporary use can be granted for up to two months. Please contact me if you need clarification on any of these items or assistance with the application process,” the ZA said.
To Cappelletti, this meant war. “The Grahams and Ivy House have burned their bridges with me,” he said after that. “I’m done trying to cooperate.”
Even if some go-between offers you enough money to live your life any way you want on land you can only dream of right now?”
“Especially then,” Cappelletti said.
Matters came to a further head Nov. 8 when Ivy House asked for a township special use permit to operate later hours than first allowed, from 7 to 10 p.m., and eliminate what the Grahams called needless fences, berms and other physical parcel separations.
Cappelletti, claiming incompatible uses with later-arriving Ivy House had started it, rallied friends and neighbors, including Joe and Jennifer Novakowski, issuing this appeal:
“Subject: ‘Stand With Capizzo:’ – Hi, I don’t love writing this email, but I need to. Capizzo is under attack.
“Ivy House and the township have turned their attention toward us, and the origin is simple: I stopped conforming to Ivy House’s wedding schedule. After four years of accommodating their ceremonies, there was one overlap — they ran late, our concert began — and instead of owning it and acknowledging it they blamed us.
“Since then we’ve been hit with everything from scrutiny over a lean-to covering trash cans to citations and cease-and-desist orders for gatherings and live music — the very things Capizzo exists to do. It is not an exaggeration to say our future is on the line.
“Enough is enough,” he went on. “We are asking that the original conditions remain in place — that noise, music, and partying move inside at 7 p.m. and that enforcement finally begins.
“Thank you — sincerely — for standing beside us. Nick”
“Dear stewards of the people of Saugatuck Township,” Pizzo penned, echoing her partner but adding:
“Ivy House has had extremely loud and crowds this past summer until 11, and a few times midnight. It seems to me they do not have the proper staff monitoring their outdoor space, as many disturbances occurred, including cars pulling up on Capizzo property even later at night, loud screaming, car alarms and ruckus.
“Music and crowds,” she went on, “cheering can be heard clearly in the studio four times a week, and now (during) the morning revival even the leader at the pulpit/microphone is heard along with crowds.
“Of course, it is understandable that Ivy House (emphasis hers) is a wedding venue where people pay to have fun, celebrate and get their drink on. Capizzo Studio is an art space where people come to experience culture-art, music and the creative process.
“As an art gallery and cultural space,” Pizzo went on, “Capizzo needs to be able to have guests in our back sculpture yard during openings and have music-live or D.J.’s at opening events as most art galleries do — including our other Ferndale space.
“Capizzo has acted in good faith for 3 years with the no noise during vows (which change day to day) and giving them our outdoor concert schedule and accommodating their schedule.
“Both businesses deserve to have use of their property in a way that is fair and equal, not selective,” Pizzo said.
Cappelletti unloaded more arguments Oct. 17, honing in on: - Fairness & Enforcement – “Capizzo has been cited and restricted, while Ivy House operated outside its original conditions for years without consequences. If rules exist, they must apply equally — not selectively.”
- Noise & Impact – “I’ve heard Ivy House noise clearly while at Capizzo. It affects the experience. Nor is it occasional; it’s weekly and predictable. Four loud outdoor events per week is not compatible with a cultural space or quiet neighborhood.”
- Original Conditions – “Ivy House agreed to move indoors at 7 p.m. to protect neighbors — that condition exists for a reason. If that condition was necessary then, why is it unnecessary now?”
- Timing & Motive – “Why now? Is this request about legalizing behavior that has never been compliant? Three event properties (purchased by Ivy House in four years as chronicled in The Commercial Record’s April 16 front-page story) does not suggest (their) business is struggling and in need of further offerings and features such as this one.”
- Credibility of the Recommendations – “The claim Capizzo is not affected from Ivy House noise is not true. Has anyone from the Township stood inside Capizzo during an Ivy House event? Have you listened to the submitted audio recordings provided by Capizzo?
(Tangram), he went on, “saying ‘all neighbors support this’ means nothing unless we know which neighbors, how close they are and whether they actually experience the noise.
“Does this recommendation consider distance, decibel impact or the difference between a neighbor 30 feet away and a neighbor 600 feet away? If proximity matters, then so does the weight of each neighbor’s input.” - Township Responsiveness & Conduct – “Capizzo has filed noise complaints for years — why no response? If Township staff have acted with hostility or dismissed concerns, should they now participate in this decision?:
- Process & Integrity – “Where are Capizzo’s documented concerns reflected in this recommendation? Wasn’t there a Limited Use Approval granted unlawfully? How does that factor into your consideration of the integrity of the recommendation and process?
“Wasn’t Nick,” he kept questioning, moving to third-person, “hung up on by the township supervisor and zoning administrator called (him/me) a liar when he/I questioned the limited use approval? An approval that ultimately was proven unlawful. How does that factor into the partiality and integrity of this process.
“If key factual statements in the recommendation are incorrect, shouldn’t the entire recommendation be reconsidered?”
“• Community Identity – “Capizzo contributes art and culture — Ivy House contributes tourism. Both matter, but balance matters more. Saugatuck has always valued creative spaces — we should protect that identity”; and
“• Closers– “This isn’t anti-growth — it’s about fairness and reasonable expectation. Conditions exist for a reason — they should be honored and enforced.
“Please uphold the original agreement,” Cappelletti pled. It was quite a screed.
The planning commission chose to defer on granting applicant three later outdoor open hours, but did reduce berms, fences and other deep parcel divisions it agreed were redundant.
Canary Redux
Two years earlier Cappelletti pledged $1,000 to add to $4,050 from the Saugatuck-Douglas Area Convention & Visitors Bureau to help the now-disbanded Saugatuck-Douglas-Fennville Arts Initiative donate and install “Canary” in appreciation of the township reopening Blue Star both ways on a traffic-calmed Blue Star benefitting all.
Ohio artist Shawn Morin, who recounted how canaries were used in coal mines to sniff out toxic fumes before miners could, hence signaling them to flee before suffocating, knew his creation — dedicated May 22 last year floodlit and perched on a pedestal — might be portentous.
Always beware what lies underground.
To be continued
