SAUGUS – Building Inspector Frederick Varone has filed a lawsuit aimed at the four property owners and the construction company he feels is responsible for the Hitchings Hill Road debacle.In the suit he asks that the homes be demolished or moved and the wall be repaired or replaced.When a 30-foot section of a retaining wall set behind four unfinished homes on Hitchings Hill Road gave way last July it sent tons of rubble careening down a steep slope toward the homes below on Hesper Street. It also caused cracks in the foundation of at least two of the homes, resulted in a work stoppage and a precarious situation for both Hesper Street residents and the town.Town manager Andrew Bisignani said the lawsuit is simply the town’s way of trying to pressure someone do to something to try and rectify the situation.In the suit, Varone names Robar General Funding out of New York as the group that funded the construction of the wall behind lots 2, 4, 6 and 8 on Hitchings Hill Road as well as the homes. He also names the homeowners Martin Smargiassi of Medford and Dennis Rossetti, Jerry Dawson and Carl Nelson each of Saugus.Though, according to Varone’s affidavit, it looks like the finger pointing is just beginning.Following the collapse of the wall, Varone said he discovered a contractor working on the site who claimed he was hired by Robar to finish the retaining wall. By July 31 Varone reported that he had sent a certified letter to Robar telling them the retaining wall had failed and directing them to take immediate action to rectify the situation.Responses to the letter came from three venues: Robar, the property owner, and Camdele Construction.In his affidavit, Varone said the owner stated that Robar had taken over the project so, essentially, Varone should blame them. Robar officials then said they weren’t responsible for the condition of the property and they notified the homeowners to fix the problem.Legal counsel for Camdele said they hadn’t worked on the property since 2007 so they weren’t responsible for anything.In court papers, Varone said he issued the violation notice to Robar because the contractors said they had been hired by Robar to finish the work.In the meantime, the town is the only entity doing anything to address the situation. An engineer hired by the town deemed the wall unsafe and a danger to the community.Bisignani and Varone had a fence erected around the homes to keep the curious and the criminal off the site and are working with an engineer to design a crash fence to further protect Hesper Street homeowners.Now Varone would like the courts to direct Robar and the homeowners to take immediate steps to permanently fix the situation by moving or demolishing the homes and then repairing or replacing the retaining wall.”We’re doing as much as we can,” Bisignani said Friday. “We’re doing whatever we can to rectify the situation.”
