ADR debates hillside pool and large retaining walls at 40 Upper Road

The ADR Committee reviewed a design- and variance-permit request for 40 Upper Road on May 21. Town staff described a proposal that includes a 40-by-15-foot infinity pool, wooden decks, a pool-equipment enclosure, patios and stairs, and retaining walls up to 6 feet 6 inches in the side-yard setback; the applicant’s drawings show a higher wall in places, and the landscape architect later confirmed a 9-foot-9-inch wall at the highest point.

Landscape architect Shaoxian Truong said the design team prioritized protecting mature oak trees and minimizing disturbance, and explained that the proposed pool location was chosen to reduce construction strain on trees and to provide direct indoor-outdoor access for the family. Truong said only one large oak was likely to be impacted and explained material choices intended to minimize site disturbance.

ADR members who had visited the site flagged a story-pole that had been knocked over by a tree and said the lowered flags underrepresented the planned 13-foot-5-inch pole height, asking that be corrected before council consideration. Members split on the pool’s siting: several said that ownership of the adjacent parcel reduces immediate neighbor concerns and would make a variance less likely to cause harm, while others called the spot "ill-cited" and "the wrong spot" because of steep slopes and the scale of retaining walls. One member suggested relocating the pool farther into the hillside to reduce wall heights; another suggested a lot-line adjustment to avoid variances.

No public comments were recorded in the transcript excerpt. The ADR will forward its review and the committee’s concerns to town staff and, ultimately, to the town council as part of the variance and hillside-permit process.