After nearly two years of negotiations and a lawsuit against Medford’s Zoning Board of Appeals, the parties involved have reached an agreement on plans for a new six-building condominium development at 320-330 Middlesex Ave., near the Medford-Malden line.

The complex, called Wellington Woods, would feature 192 one- and two-bedroom condo units in a series of four-story buildings, along with underground parking garages, a recreational center, swimming pool and outdoor patio area, spanning a total of 6.5 acres.

As of January, however, the site was still restricted from residential use by the Massachusetts Department of Environmental Protection, which has overseen cleanup efforts at the location since the early 1990s after General Electric closed an aircraft manufacturing facility that left behind hazardous chemicals.

Minus the DEP’s restrictions, the condo project, the latest in a series of significant residential developments in Medford, is ready to move forward.

“The board finds that the proposed development will be a substantial benefit to the public good,” Medford’s ZBA stated in granting variances for the project in 2014.

Despite the board’s ruling, it would take more than 18 months to finalize plans for the development.

Whole Foods objects

The original proposal by developer North Shore Residential Development, Inc., called for 200 units. But Whole Foods, which operates a bakery and regional distribution center at 300 Middlesex Ave., complained the condo complex would reduce the market value of its adjacent property.

Whole Foods, along with property owner Medford Bakery Realty, also argued condo residents would likely raise complaints about its facility and operations, which run 24 hours/day, Monday through Friday and during certain weekend hours, and include traffic from tractor-trailers and trucks that deliver products to destinations as far as Virginia and southern California.

In January 2015, the company filed an appeal in Massachusetts Land Court of the ZBA’s ruling granting use variances for the development, as the site is zoned for industrial, not residential, use.

In the appeal, Whole Foods argued the complex would increase traffic on Middlesex Avenue, making it more difficult for vehicles to access its facility.

“The site plan approval is arbitrary and capricious and an abuse of discretion, exceeds the Board’s authority, and is not in accordance with law,” Whole Foods stated in its appeal.

For the next 18 months, Medford’s Law Department and Land Court officials mediated negotiations between Whole Foods and Woburn-based North Shore. After several delays, the two sides agreed on a slightly scaled back version of the project, which the ZBA approved during its June 28 meeting.

New plans

The revised plans include a reduction of eight condo units, from 200 to 192, and two marginally smaller buildings. They also call for the installation of a visual and sound barrier between the complex and Whole Foods’ property, in the form of an 8-foot high wooden fence and “numerous” 18-foot tall trees, according to the ZBA’s June 28 decision.

In granting variances for the project in 2014, the ZBA was complimentary toward North Shore for investing $1.5 million in the property and working to alleviate contaminated soil resulting from the site’s previous use by General Electric, which manufactured aircraft engines and parts at the location from 1979 to 1989.

“The board finds that the time and financial investment already expended by this developer are more than enough evidence that a literal enforcement of the ordinance would create a financial hardship to this petitioner,” the board wrote in its original decision on Dec. 30, 2014.

According to court documents, during GE’s ownership, the site became heavily contaminated with polycyclic aromatic hydrocarbons and chlorinated volatile organic compounds, including acetone.

Starting in the early 1990s, GE conducted a cleanup in response to demands from the DEP.

The property was then purchased in 2004 by 320-330 Middlesex Avenue LLC, of Somerville, for $1.5 million, and leased to North Shore. The new site owner continued environmental cleanup efforts, but must still obtain clearance from the DEP to redevelop the property for residential use.

“It is very likely that, save the investment of a private developer, this contaminated site would have remained as it was for an undetermined future,” the ZBA wrote in 2014. “Certainly no public funding was likely for this purpose, no matter how worthy. This investment has benefited the community at large and will result in a public good.”

PROJECT BACKGROUND

April 2004: After using the site to manufacture aircraft engines and parts from 1979 to 1989, General Electric sells almost 6 acres of land at 320 Middlesex Ave. to 320-330 Middlesex Avenue LLC, of Somerville, for $1.5 million.

Oct. 15, 2014: North Shore Residential Development, Inc., submits an application to Medford’s Zoning Board of Appeals for a use variance on its proposed six-building, 200-unit condominium development on 6.5 acres of vacant land at 320-330 Middlesex Ave., near Whole Foods’ bakery and distribution facility and BJ’s Wholesale Club.

Nov. 20, 2014: Medford’s Community Development Board issues two letters to North Shore regarding its proposed condo complex, recommending that it designate 10 percent of the residential units as affordable, or 20 of the 200 total units.

Nov. 25, 2014: The ZBA holds a public hearing on North Shore’s variance application.

Dec. 30, 2014: In its written decision, the ZBA grants North Shore the use variance, along with variances for building separation and off-street parking. The board also approves a Site Plan Review for the project.

Jan. 20, 2015: Medford Bakery Realty LLC and Whole Foods Market Group, Inc., file an appeal of the ZBA’s ruling in Massachusetts Land Court, arguing that variances and Site Plan Approval granted by the board were invalid. In addition to the ZBA, the appeal lists North Shore and thecCity of Medford as defendants.

March 9, 2015: The Land Court holds a case management conference regarding the appeal. At the time of the conference, the court said none of the defendants had filed answers to responses to the allegations made by Medford Bakery Realty and Whole Foods.

March 16, 2015: On behalf of the city and ZBA, Assistant City Solicitor Kim Scanlon files an answer to the plaintiffs’ allegations, stating that the city denies claims that the condo development would jeopardize property’s future value or increase traffic at the location.

June 28, 2016: After nearly two years of negotiations between North Shore and Whole Foods/Medford Bakery Realty mediated in part by the city, the ZBA approves a slightly scaled back plan for the project, which now includes 192 residential units.