'Blue-collar guy' continuing fight over garage with Governors Island Club

LACONIA — The Laconia man whose is contesting what he call his involuntary participation in the Governors Island Club, Inc. told a Belknap County Superior Court judge yesterday that the cottage he wants to place above a garage he wants to build is about to be destroyed and asked to be allowed to move it to his property for safekeeping. Island deed restrictions prohibit out buildings.

Richard Homsi, appearing on his own behalf, told Judge James O'Neill IV that he has building permits from the city, wetland permits from the state and said the only thing holding back his project is the GIC, Inc. obtained a temporary injunction from the court forcing him to stop construction.

"If I don't get the motion approved today, it will be torn down," Homsi said of the cottage.

When Homsi purchased his property just over the bridge from Governors Island, which is in Gilford, he was was told his ownership included membership in the Governor's Island Club and said during a previous interview that he was told by the realtor that membership was voluntary.

Earlier this year, Homsi began building a foundation on his property for a garage atop which he had hoped to put the cottage that is across the street on one of his neighbor's property. He said he intended to use the garage/cottage for storage and was building it for his extended family.

Once the work began in June, the GIC applied for and received an emergency injunction from Judge O'Neill. Within two weeks, Judge Kenneth McHugh issued a temporary injunction against the construction until the matter could be settled in court.

Homsi's basic argument is the GIC enforces its deed restrictions selectively and there are other properties on the island itself where there are separate living quarters that are not connected to the primary homes.

The GIC argued that most of those separate quarters were built before the deed restrictions and the deed signed by Homsi when he bought his home included the covenant and a clause that says he must go before the GIC executive committee before undertaking any construction projects.

As a compromise measure, Homsi said he would not included a kitchen in his revised project but only use it for storage.

As to yesterday's hearing, Homsi said he was afraid of having the cottage destroyed and wanted permission only to move it to his property. He assured the court that he would not use it, would board up the front door, and not attach any electricity or plumbing until such time as the court made it final ruling.

Speaking of behalf of the GIC was attorney Paul Fitzgerald, who said Homsi's appearance in court yesterday was just a second shot at a motion to reconsider the injunction that had been denied to Homsi earlier this month.

He also said the city and state permits obtained by Homsi were "irrelevant" to the issue at hand and that Judge McHugh had already ruled the GIC was likely to prevail in the suit when he didn't dismiss it.

"To allow Mr. Homsi to move this building to his property would do irreparable harm," he said, adding the foundation Homsi already built and the cottage, if moved to his property, would be visible from the road.

Homsi replied by saying he was "just a blue-collar guy" and no matter what he has proposed to the GIC Trustees, he has been denied.

He said they have filed a motion for contempt against him for not showing up at a deposition when he explained to GIC's attorneys that he worked and operated his own car repair business in Massachusetts and needed to ask for a different date.

Homsi said he feels the GIC is discriminating against him.

O'Neill said he would take everything into consideration and issue a ruling early next week.

CAPTION: (Homsi...) Richard Homsi of Summit Avenue stored his jet ski's in the area where he hopes to built a garage with a cottage on top. His proposal has been rejected by the Governor's Island Association to which he belongs and he has challenged the rejection in Belknap County Superior Court. (Laconia Daily Sun photo/Gail Ober)