BROOKLINE — Real estate company Tamposi Brothers Holdings, LLC will now be able to construct the town’s first ever workforce housing development following a legal settlement with town officials.

Attorney Reed Colfax, counsel for Tamposi Brothers, said that in early-2021, the company submitted a plan to build 80 units of workforce housing for low-income families. The proposed location was on a 126-acre parcel at the intersection of Rt. 13 and North Mason Road.

After gaining approval from the Conservation Commission, the proposal was brought before the Planning Board on Feb. 18, 2021.

By that time the plans had become public and quickly spawned intense opposition from residents. They stated that such a development would cause the schools to become overcrowded and damage Brookline’s image.

“These changes will lead to Brookline looking like Nashua in no time, overcrowded and overtaxed,” said one resident.

This ultimately prompted the Selectboard to schedule a Special Town Meeting for March 28, 2021.

Four days after the Planning Board meeting, resident Peter D’Agostino submitted four articles to be presented at the Special Town Meeting. Colfax said the articles were intended to prevent the Tamposis’ proposal from moving forward. The articles were accepted by the Selectboard even though the submission deadline had passed.

During the Special Town Meeting, at the suggestion of the Planning Board, a one-year moratorium was passed on workforce housing developments as well as a series of ordinances “specifically targeted at workforce housing.” Colfax said one ordinance required that half of the units in workforce housing developments be limited to one bedroom, making them impractical for residents with children.

Town officials also maintained that Brookline had met the requirement for workforce housing. However, the Nashua Regional Planning Commission projected that the town would still be 852 units short by 2025.

In his letters to the town, Superintendent of Schools Andrew Corey stated that K-6 enrollment was projected to increase from 557 to 618 within 18 months. However, the New England School Development Council determined that K-6 enrollment would not reach 618 until the 2025-2026 school year. Additional data from the state Department of Education showed that K-6 enrollment had dropped from 641 in 2008 to 562 in 2020.

On Sept. 21, 2021, Tamposi Brothers filed a federal lawsuit accusing the town, the Selectboard and Planning Board of violating the Fair Housing Act of 1968.

“Multi-family housing is virtually non-existent in Brookline,” said Colfax. “Over 99 percent of the housing stock consists of single-family homes. The opposition was explicitly based on discriminatory attitudes toward families with children, immigrants and people of color. Opponents suggested that allowing affordable housing to be built would increase crime, lower property values and increase taxes and allow lower income children to overcrowd Brookline’s schools.”

Nearly four years after the proposal was made public, a settlement was reached on Dec. 16, 2024. According to the agreement, the town will pay Tamposi Brothers $610,000 in damages. The company will also build 98 one- and two-bedroom apartments at the parcel on Rt. 13. Six acres of that land will be earmarked for commercial development while another 50 acres will be donated to the town.

Within the total number of units, 58 will be designated as Housing for Older Persons, 30 will be workforce housing and the remaining 10 will be market rate.

“This agreement has the potential to improve lives and fortify the community for generations to come,” said Joseph Tamposi, a principal at Tamposi Brothers. “Stable and affordable housing strengthens families, offers opportunities for people to age-in-place, fosters diversity and creates economic opportunities. We’re honored to contribute to such a critical advancement for Brookline and look forward to working with the town.”

Robert Dapice, CEO of New Hampshire Housing, said the agreement “marks a significant step forward for our state.”

“Thank you to the Tamposi Brothers and our other community partners. The homes that will be built in Brookline show our shared commitment to creating vibrant communities where everyone can thrive,” he said. “I am hopeful that more New Hampshire towns will see the good work being done in Brookline and will welcome the creation of beautiful new homes to meet the needs of the state and its people.”