ZBA allows withdrawal of Gladstone Street petition after planning-board paperwork unresolved

The Brockton Zoning Board of Appeals voted 5-0 to allow withdrawal of a petition to build on Lot 24 Gladstone Street after the board learned the Planning Board’s subdivision approval had not completed its appeal period.

Attorney Philip Nasralla (representing Vincent Aiello, prospective purchaser) told the board the Planning Board had approved a definitive subdivision, but the appeal period had not been initiated with the city clerk. Planning staff confirmed the Planning Board’s letter indicated the appeal period had not begun following the June 25 Planning Board action. The planning-board subdivision was central to whether Lot 24 should be treated as a separately buildable lot.

Board members said the lack of a complete administrative record left them unable to make a fully informed zoning decision. The chair explained the board could vote that night, but noted a zoning approval would be vulnerable if the planning-board action were later appealed. To avoid a subsequent procedural reversal the petitioner asked to withdraw with the intention of returning in August after the planning-board approval and appeal period had been finalized. The board voted to allow the withdrawal; the clerk recorded five affirmative votes and the minutes state the petitioner intends to return at the August meeting.

Attorney Nasralla provided a deed to the board at the hearing and described the parcel history: the property originally comprised separate lots historically described in running deeds; the Planning Board subdivision was intended to restore a standalone Lot 24 for development. The board did not take substantive action on the zoning relief request that evening.