Structure · Built 1992
Wendy's
This page is about the building. For the business, see Wendy's.
Wendy's
| Address | 312 Boston Rd |
| Built | 1992 |
| Tenants | |
| Wendy's (1992 - ????) | |
| Other Lot Structures |
Monarch Diner (1940 -
1958)
Food Basket (1954 - 1967) Purity Supreme (1967 - 1991) |
312 Boston Road is the Wendy's restaurant on the northeast side of Boston Road (Route 3A) at Brown's Corner, on the lot between Boston Road and Pollard Street just north of the Floyd Street corner. The restaurant was built in 1992 and 1993 on a lot of 68,566 square feet that had held a supermarket since the 1950s and, before that, a roadside diner.
The land was part of the Patten homestead, which ran from the old country road (now Pollard Street) west to the Concord River. Deacon William Patten's heirs settled his estate on their brother Thomas in 1731, and the farm passed through Thomas's son William (died 1801) to Deacon Jeremiah Patten, who died in 1815. In 1819 the guardian of Jeremiah's daughters sold the thirty acres "bounded easterly on Boston road" at auction, half to Josiah Stevens and half to the firm of Porter, Stone and Co.; by 1826 Stevens owned the whole. After Stevens died in debt in 1840 his "Patten Place" went to George Holden, to George Rice of Boston, and in 1842 to William D. Mason, a machinist from Newton. By then the "new public highway," the present line of Boston Road, had been cut through the farm, and the deeds describe the Patten Place in two tracts, the second lying between the new road and the old Boston road "which leads to North Billerica," from "the fork of the roads" north to the Weir Place. That triangle is the land of 312 and 314 Boston Road. Mason built his house on it, the house at 314 Boston Road.
In October 1863 Mason sold "my homestead farm," the two tracts of twenty-three acres "with all the buildings," to Thomas Brennan of Lowell, who put it in the name of Annie C. Brennan of New York City in 1864 and took it back from her heirs, his children, in January 1876. In July 1876 Brennan sold the farm for $3,000 to Maria N. Brown, wife of Alfred Brown of Lowell. Maria Brown died before 1885, and Alfred Brown lived in the Mason house for the rest of his life, and the junction of Boston Road, Pollard Street and Floyd Street came to be called Brown's Square and then Brown's Corner. After his death his executor, his trustee and the heirs of his widow Mary S. Brown sold "the homestead of the late Alfred and Mary S. Brown" to Sabina G. Twombly in 1920. It was bounded by Boston Road 550 feet, Brown's Square 60 feet, "the road leading from Billerica Centre to North Billerica" 450 feet, and Leonard Blood's land on the north. Daniel E. Callahan, who held it through her estate, deeded it to Elizabeth E. Callahan, and in February 1940 her administrator sold it for $3,000 to James Gerald McCusker of Billerica.
McCusker ran a diner on Boston Road; the Howe High School yearbooks carry advertisements for the Ridgewood Diner, "Home Cooked Food," in 1941 and for "Gerald McCusker (Ridgewood Diner, Boston Rd.)" in 1945. By 1949 the diner on his land was the Monarch Diner, "Always Open," run by the Monarch Diner of North Billerica, Inc., which leased its lot from him. In 1953 the town was asked to rezone part of the McCusker land for business, and a plan drawn that October by James B. Monahan shows the diner on a 15,550 square foot Lot B on Boston Road and a new market building behind it on the 46,600 square foot Lot A. In 1954 the Lowell Electric Light Corporation ran a line in to serve the "buildings now located and to be located" on the land. On May 5, 1955 McCusker leased "the store or super market, so-called" for fifteen years to Food Basket, Inc., reserving to the Monarch Diner the use of the parking area in common. The Food Basket, "312 Boston Road, No. Billerica," advertised in the yearbooks from 1955 to 1957.
In July 1957 Food Basket assigned its lease to Purity Food Stores, Inc. of Malden, Albert S. Kahn signing for Food Basket; a year later he signed as treasurer of Purity Food Stores, the chain that grew into Purity Supreme, later headquartered in North Billerica. In September 1958 Purity also leased the diner lot, which suggests the Monarch Diner was gone by then; the Monarch last advertised in the 1957 yearbook. "Purity Foods, 312 Boston Road, The Friendliest Store in Town," advertised in 1961, and the Purity Foods Store was still there in 1963. Purity Supreme, Inc. was still the tenant in October 1969, when it agreed to an easement for the ditch on the north line. A plan of March 1974, which divided the land into Lot A (the Mason house) and Lot B, shows the market much enlarged, filling the middle of Lot B. Which businesses used the building after Purity has not been found.
McCusker's widow sold Lot B "with the buildings thereon" for $300,000 in May 1983 to Randolph Realty Trust of Tewksbury. The trust defaulted, the town took the lot for unpaid 1990 taxes, and on January 10, 1991 the Central Savings Bank of Lowell sold it at auction on the premises for $300,000, assigning its bid to JDF Corp. of Lowell. In March 1992 the Board of Appeals granted a variance and special permit for "a Wendy's Restaurant with drive through window," on the conditions that its only entrance be on Route 3A, with "No access/egress from Pollard Street," that there be no freestanding sign, and that all drive-through packaging be biodegradable. JDF Corp. sold the lot to Wendy's Old Fashioned Hamburgers of New York, Inc. for $380,000 in July 1992, and the old market was replaced by the present restaurant.
When Boston Road was widened in 1995, the selectmen took 16,300 square feet across the Wendy's lot for a new connector road between Boston Road and Pollard Street, with $116,300 in damages, and the traffic around the restaurant changed. Wendy's asked in 1997 to open a second entrance on Pollard Street. The Board of Appeals refused in 1997 and again in 1999, the Superior Court overturned the refusals in 2003, and the Supreme Judicial Court affirmed on July 24, 2009. The board then granted the Pollard Street entrance in October 2009. Wendy's renovated the building in 2014 and put up new signs. In 2015 the company moved the property to Wendy's Properties, LLC and leased it for twenty years to its franchisee Wendy's of New England, LLC, which runs the restaurant today.
References
- Wendy's, 312 Boston Rd, North Billerica: restaurant location page
- Wendy's Old Fashioned Hamburgers of New York, Inc. v. Board of Appeal of Billerica, 454 Mass. 374 (2009): the Pollard Street entrance case
Title References
| Date | Type | Grantor | Grantee | Summary | Recorded |
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| 1690 | Will | Thomas Patten of Billerica | His widow Sarah (half the dwelling house for her widowhood); sons William and Kendall (their portions out of the homestead); eldest son Thomas and son Nathaniel (other lands) | 1690: Thomas Patten's will; William Patten to have his portion of the homestead | Probate #17030 |
Will dated Jan. 14, 1689/90, inventory Mar. 10, 1689/90, exhibited Apr. 15, 1690. Thomas Patten gives his wife Sarah half his dwelling house and barn with the orchard for her widowhood, and directs that "my sons William and Kendall shall have their portions out of my homestead with suitable meadow to it," William to stay with his mother until he is twenty-one; his eldest son Thomas takes the second-division lot and meadows, Nathaniel the land at Loes Plain. The inventory begins "the house barn & orchard, about one acre of land," with seven acres behind Samuel Frosts house, and lists a quarter part of a saw mill. Hazen places Thomas Pattens house west of Long Street and his son Deacon William "near the corner"; that Williams homestead grew out of this portion is the most likely reading but is not stated in any deed. Papers read, pages 1-4.
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| 1730 | Administration | Estate of Deacon William Patten of Billerica, intestate (died at Cambridge, 1730) | Thomas Patten, administrator; the widow Elizabeth and the children | 1730: estate of Deacon William Patten | Probate #17041 |
Deacon William Patten, the towns representative, died of smallpox at Cambridge in April 1730 while the General Court sat there. His son Thomas Patten administered; the personal inventory was taken Dec. 25, 1730. The account of 1731-32 charges "the improvement of the Real Estate one year" and a payment to "Eliz. Patten, the widow of ye deced for quitclaiming her Right of Dower in said Estate it being an agreement made between ye widow & the heirs being all of age," 106 pounds. Papers read, pages 2-9.
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| December 13, 1731 | Heirs Quitclaim | William Patten, Mary Patten, Jacob and Rebecca Danforth, Mehetabel Patten, of Billerica, and Jacob and Sarah Taylor and Joseph and Elizabeth Taylor, of Concord (heirs of Deacon William Patten) | Thomas Patten of Billerica, their brother | 1731: his heirs quitclaim his real estate to their brother Thomas Patten | 32/181 (South) |
Dated Dec. 8, acknowledged Dec. 10, recorded Dec. 13, 1731. For 130 pounds to each, the brothers and sisters quitclaim to "our Brother Thomas Patten of Billerica" all their right in "the Estate Real both of Lands and Tenements of Deacon William Patten late of Billerica Decd which he died seized of lying ... within the Limits of the Town of said Billerica." Witnesses Rebekah Farley and Thomas Kidder. With the widows dower bought out the same year (Middlesex South 32/439), Thomas held the whole Patten homestead. Billerica town book 3, pages 298-299.
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| 1747 | Administration and Division | Estate of Thomas Patten of Billerica, cooper, intestate | William Patten, eldest son (the homestead); Thomas Patten, second son (18 acres); the widow Hannah (later Hannah Stickney) and the other children | 1747-1754: estate of Thomas Patten; the homestead to his son William | Probate #17031 |
Thomas Patten died in 1747; Jeremiah Abbot, then the widow Hannah, administered. The inventory of Oct. 28, 1747 begins with "the Home Stead About Twenty Seven acres & three quarters with the Buildings thereon standing bounded East & North by the high way west by Concord River & South by the land of Oliver Farmer," 1,100 pounds old tenor, with 18 acres near it by Ensign Sheds land, also running to the river. The accounts of 1749 pay for 132 squares of glass, window frames, boards and clapboards "all used about ye house." The real estate inventory of Feb. 4, 1754 describes "the Homestead Containing about forty one acres Bounded East and north on the Road that leads from Billerica to Chelmsford, west on Concord River, South on the Land of Oliver Farmer ... Together with all the buildings," and the committee settled it on William, the eldest son, the 18 acres north of "the Bridge Lane" going to the second son Thomas. Papers read, pages 2-17.
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| 1801 | Will | William Patten of Billerica, yeoman | Jeremiah Patten, his son (the residue, including the homestead), executor; the widow Rebecca (dower) | 1801: will of William Patten; the homestead to his son Jeremiah | Probate #17043 |
Will dated Apr. 3, 1800, proved in 1801 with the assent of the widow Rebecca and the heirs (Aug. 4, 1801). After legacies to his sons William, Josiah, Jonathan, Thomas and David and his daughters, William Patten gives "all the rest of my estate, both real and personal" to his son Jeremiah, sole executor, and his desk as well. Witnesses Henry Cumings, Edward Farmer and Timothy Foster. Papers read, pages 2-5.
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| 1815 | Administration | Estate of Deacon Jeremiah Patten of Billerica, intestate | Joseph Locke, administrator; Hannah Patten, widow (dower); daughters Abigail, Julia Ann and Hannah | 1815: estate of Deacon Jeremiah Patten; the homestead of about 26 acres | Probate #17001 |
Jeremiah Patten died intestate early in 1815; his widow Hannah declined and Joseph Locke was appointed administrator Feb. 28, 1815. The inventory of Apr. 13, 1815 begins with "The Homestead of said deceased situated in said Billerica containing about 26 Acres with the Buildings thereon," $1,850, followed by the Whiting place with buildings, the Foster, Spaulding and Pollard lots, Gilson Hill and shares of the Rogers lot, Dean field and Barrot field; the widow petitioned for her dower in October 1815. Papers read, pages 2-9 and 12-15.
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| June 14, 1819 | Guardian's Deed | Josiah Crosby Jr., guardian of Abigail, Julia Ann and Hannah Patten, minor heirs of Jeremiah Patten | Josiah Stevens (one half); Joseph S. Porter, John P. Stone and Samuel S. Reynolds, Porter, Stone and Co. (one half) | 1819: guardian's auction of the 30 acres, half to Josiah Stevens | 229/393 (South) |
Josiah Crosby Jr. of Billerica, Esquire, "guardian of Abigail Patten Julia Ann Patten and Hannah Patten minor heirs of Jeremiah Patten late of said Billerica yeoman deceased intestate," licensed by the Supreme Judicial Court at Concord in March 1819, sold at public vendue on April 24, 1819 "one undivided half of the following tract of land being part of the real estate of said deceased to Josiah Stevens of said Billerica gentleman and the other undivided half to Joseph S. Porter John P. Stone and Samuel S. Reynolds copartners in business under the firm of Porter Stone and Co.," for $1,400: "thirty acres of land be the same more or less situated in said Billerica bounded easterly on Boston road southerly on the widow Hannah Pattens dower westerly on Concord river and northerly on land of Samuel Bowers in part and partly on land of Rebecca Wier with a dwelling house and barn thereon." Dated April 25, 1819. Billerica town book 12, pages 155-157.
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| 1819 | Warranty | Joseph S. Porter, John P. Stone and Samuel S. Reynolds (Porter, Stone and Co.) | Josiah Crosby Jr. | 1819: Porter, Stone and Co. resell their half to Josiah Crosby Jr. | 229/405 (South) |
Porter, Stone and Co. sold to Josiah Crosby Jr. of Billerica, Esquire, for $700 "one undivided half of thirty acres of land situated in said Billerica," bounded easterly on Boston road, southerly on the widow Hannah Patten's dower, westerly on Concord river and northerly by Samuel Bowers and Rebecca Wier, "with a dwelling house and barn thereon," the half they had just bought at the guardian's auction. Billerica town book 12, page 157 and following.
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| October 8, 1819 | Mortgage | Josiah Stevens of Billerica, gentleman | Josiah Crosby Jr. of Billerica, Esquire, guardian | 1819: Josiah Stevens mortgages the whole 30 acres | 231/94 (South) |
Dated Apr. 25, 1819, acknowledged Aug. 23, recorded Oct. 8, 1819. To secure $630 in five yearly payments of $126, Stevens mortgages the whole "thirty acres ... bounded easterly on Boston road southerly on the widow Hannah Pattens dower westerly on Concord river and northerly on land of Samuel Bowers in part and partly on land of Rebecca Wier with a dwelling house and barn thereon." The margin notes its assignment to Hannah Patten and its release by her executor (Middlesex South 305/299). Billerica town book 13, pages 122-123.
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| April 25, 1826 | Sheriff's Deed | Joseph Butterfield of Tyngsborough, deputy sheriff, on an execution against John P. Stone of Billerica, Esquire | Josiah Stevens of Billerica, gentleman | 1826: sheriff's sale of John P. Stone's share to Josiah Stevens | 267/131 (South) |
On an execution in favor of Josiah Stevens against John P. Stone, the deputy sheriff took and sold at auction on February 28, 1826, "at the house of Josiah Stevens," for $225 to Stevens, the highest bidder, Stone's right in equity of redemption of "One undivided third part of one half of the Patten place so called bounded easterly on the Boston road southerly on the widow Hannah Pattens dower, westerly on Concord River and northerly on land of Samuel Bowers" and of the late Rebecca Wier, subject to the mortgage of April 25, 1819 by Stone, Joseph S. Porter and Samuel S. Reynolds to Josiah Crosby Jr. Signed February 28, acknowledged and recorded April 24-25, 1826. Billerica town book 13, pages 396-397.
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| 1826 | Quitclaim | Joseph S. Porter and Samuel S. Reynolds of Charlestown, traders (Anna Porter and Beulah Reynolds releasing dower) | Josiah Stevens of Billerica, gentleman | 1826: Porter and Reynolds quitclaim their share to Josiah Stevens | 270/165 (South) |
For $500, "all our right title and interest in and to one undivided half of thirty acres of land" in Billerica "bounded easterly on Boston road southerly on the widow Hannah Pattens dower westerly on Concord river and northerly on land of Samuel Bowers in part and partly on land now or lately of Rebecca Wier, with a dwelling house and barn thereon, being the same mortgaged by us together with John P. Stone to Josiah Crosby" on April 25, 1819. Signed October 18, acknowledged October 19, 1826 before Marshall Preston. With this deed and the sheriff's sale of Stone's share, Stevens held the whole Patten place. Billerica town book 15, pages 438-439.
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| June 24, 1831 | Assignments of Mortgage | Josiah Crosby, Esquire (and in 1829 Joseph Locke, executor of Hannah Patten) | Josiah Stevens of Billerica, gentleman (and Hannah Patten, widow) | 1826: Crosby assigns his interest to Josiah Stevens | 305/299 (South) |
Two instruments recorded together on June 24, 1831. On Mar. 10, 1826 Josiah Crosby, for $700, assigned to Josiah Stevens "all my right title and interest ... in and unto the within deed of mortgage & all interest in the premises within to me conveyed," that is, the undivided half he had bought from Porter, Stone and Co. in 1819; the same day he assigned Stevenss own 1819 mortgage to the widow Hannah Patten for $600, and on Mar. 21, 1829 her executor Joseph Locke released and discharged it to Stevens for $120.83. From 1826 Josiah Stevens held the whole thirty acre Patten place. Billerica town book 14, pages 418-419.
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| 1840 | Administration | Estate of Josiah Stevens of Billerica, intestate | Marshall Preston, administrator; Abigail Stevens, widow, and the children | 1840: estate of Josiah Stevens | Probate #42319 |
Josiah Stevens died intestate about January 1840; his widow Abigail and children John and Judith F. declined, and Marshall Preston was appointed administrator Feb. 11, 1840, and licensed in April 1840 to sell real estate to pay $7,338.16 of debts. Papers read, pages 2-5.
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| June 2, 1840 | Administrators Deed (equity of redemption) | Marshall Preston, administrator of Josiah Stevens | George Holden of Billerica, gentleman | 1840: administrator's sale of the Patten Place to George Holden | 394/25 (South) |
Sold at auction May 18, 1840, acknowledged May 26 and recorded June 2, 1840. For $5, "the right in equity to redeem" two mortgaged parcels of the Stevens estate: "The Parker Place so called and the Patten Place so called adjoining both containing thirty nine acres," beginning at the south-east corner of the Patten Place at the great Boston road and land of Benjamin Spaulding, west by Spaulding to the Concord River, north-east by the river to the deceaseds Mann Place, north by the Mann Place to the road from the Corner Bridge to Salem, and back by Forbush, Davis, the Wier Place and the Boston road, excepting the public highway through it; with the Farmer Place and Whites lot, 60 acres. Billerica town book 16, pages 377-379.
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| June 3, 1840 | Warranty | George Holden of Billerica, gentleman | George Rice of Boston, grocer | 1840: Holden to George Rice; the Patten Place in two tracts on both sides of the new highway | 394/54 (South) |
Dated May 18, acknowledged in Suffolk and recorded June 3, 1840. For $1,700, "a certain farm situate in said Billerica late the property of Josiah Stevens decd called his Patten Place consisting of two several tracts of land": the first from the great Boston road at Benjamin Spauldings corner west by Spaulding to the Concord River, north-east by the river to Stevenss "Parker Place," east to "the new public highway" and south by it to the start; the second east of the new highway, from "the fork of the roads" to the Parker Place and the Weir Place; "with all the buildings on the above premises standing, both tracts containing twenty eight acres." The new line of the Boston road had already cut the place in two, and the house stood on the river side. Rice mortgaged it back for $1,700 the same day (discharged 1847). Billerica town book 16, pages 384-387.
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| 1842 | Quitclaim | George Rice of Boston, merchant | William D. Mason of Newton, machinist | 1842: Rice to William D. Mason | 414/316 (South) |
For $1,725, "a certain farm situated in Billerica ... late the property of Josiah Stevens deceased called his Patten Place consisting of two several tracts of land," bounded as in the 1840 deed from the great Boston road at Benjamin Spauldings land to the Concord River and on both sides of the new highway. Billerica town book 17, pages 273-274.
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| October 24, 1863 | Deed | William D. Mason of Billerica | Thomas Brennan of Lowell | 1863: Mason's homestead farm, 23 acres, to Thomas Brennan | 33/580 |
For $2,500, "my homestead farm situated in said Billerica, consisting of two several tracts of land": the first from the great Boston road at Rufus K. Underhill's land, by Underhill and Benjamin Spalding to the Concord River, by the river to Harvey Crosby and by Crosby back to the Boston road; the second "beginning at the southerly corner on said Boston road, at a stone bound," by the road to Bernard McCann, by McCann and one Cowdry to Rufus K. Russell, by Russell to "the Boston road which leads to North Billerica" and by that road back to the start, "with all the buildings on the above premises standing. Both tracts containing twenty-three acres more or less," to be held as a homestead. Dated October 24, 1863. The second tract, between the new and old Boston roads, is the land of 312 and 314 Boston Road. A $2,500 purchase-money mortgage back to Mason (Book 33, Page 582) was discharged March 17, 1864.
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| March 18, 1864 | Deed | Thomas Brennan of Billerica (Ann Brennan releasing dower and homestead) | Annie C. Brennan of the city and state of New York | 1864: Brennan to Annie C. Brennan of New York | 37/219 |
For $2,500, "a certain farm with the buildings thereon" in Billerica, the same two tracts, "Being the same premises conveyed to me by Wm. D. Mason, by his deed dated Oct. 24, A.D. 1863." Signed March 17, 1864. Recorded on the same page as William D. Mason's release of Brennan's mortgage of October 24, 1863 (Book 33, Page 582), also March 17, 1864.
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| March 1, 1876 | Quitclaim | Thomas Brennan Jr., Richard Brennan, Ellen (Nellie) Brennan, Margaret Shea and Eliza Brennan, children of Thomas Brennan Sr., heirs at law under the will of Annie C. Brennan late of New York City | Thomas Brennan Sr. of Billerica | 1876: her heirs quitclaim the farm to Thomas Brennan Sr. | 115/567 |
The children and heirs of Annie C. Brennan quitclaim to their father "a certain farm with the buildings thereon situated in the town of Billerica aforesaid. Being the same upon which he now lives and occupies," in the same two tracts by the great Boston road, Underhill, Spalding, the Concord River, Harvey Crosby, Bernard McCann, Cowdry, Rufus K. Russell and "the Boston road which leads to North Billerica," "being the same premises conveyed by the said Thomas Brennan to the said Annie C. Brennan by his deed dated March 17th A.D. 1864," Book 37, Page 219. Dated January 17, 1876.
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| July 3, 1876 | Warranty Deed | Thomas Brennan Sr. of Billerica (Ann Brennan releasing dower and homestead) | Maria N. Brown, wife of Alfred Brown of Lowell | 1876: Brennan to Maria N. Brown, wife of Alfred Brown | 119/30 |
For $3,000, "a certain farm in said Billerica consisting of two tracts of land with the buildings thereon," the same two tracts, "Being the same premises conveyed to me by deed of Thomas Brennan Jr. et al. dated January 17th A.D. 1876," Book 115, Page 567. Signed July 3, 1876 (the 1920 deeds call it July 5). This is the beginning of the Brown homestead that gave Brown's Corner its name.
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| July 3, 1876 | Mortgage | Alfred Brown and Maria N. Brown (in her own right), both of Lowell | Alden Pinney of Chelmsford | 1876: Browns' mortgage to Alden Pinney | 119/32 |
To secure $2,000, "a certain farm in Billerica ... consisting of two tracts of land with the buildings thereon," the same bounds. Discharged by Pinney on January 5, 1885, by an instrument recorded in Book 171, Page 442.
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| January 15, 1885 | Mortgage | Alfred Brown of Billerica | Moses P. Greenwood of Billerica | 1885: Alfred Brown, widower, mortgages the farm | 171/442 |
To secure $1,500 in one year at five and a half percent, "a certain farm in said Billerica consisting of two tracts of land with the buildings thereon," the same bounds, "being the same premises conveyed by Thomas Brennan Sr. to Maria N. Brown deceased, who at the time of her decease was the wife of the said Alfred Brown." The buildings were to be insured for $1,500. Recorded after Alden Pinney's discharge of the 1876 mortgage on the same page. The margin cites a release in Book 435, Page 406 and a discharge in Book 572, Page 652. Maria N. Brown had died by January 1885 and Alfred Brown held the farm until his death.
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| May 10, 1920 | Trustee's Deed | Frank D. Brown, Trustee | Sabina G. Twombly of Billerica | 1920: the Brown homestead to Sabina G. Twombly (trustee) | 626/225 |
The land with the buildings bounded southwesterly by Boston Road 550 feet, southerly by "Brown's Square, so called," 60 feet, southeasterly by "the road leading from Billerica Centre to North Billerica" 450 feet and northerly by land of Leonard Blood 300 feet, "being the homestead of the late Alfred and Mary S. Brown and all and the same premises conveyed to me by said Trust deed." Signed February 13, acknowledged May 5, 1920. The opening of the deed, on page 225, is not legible in the registry scan.
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| May 10, 1920 | Executor's Deed | Burton O. Sanford of Billerica, Executor of the will of Alfred Brown | Sabina G. Twombly of Billerica | 1920: Alfred Brown's executor to Sabina G. Twombly | 626/226 |
For $5,000, the same land with the buildings, by Boston Road, Brown's Square, the road from Billerica Centre to North Billerica and Leonard Blood, "the homestead of the late Alfred and Mary S. Brown," "a part of the second parcel described in a deed from Thomas Brennan Senior, to Maria N. Brown dated July 5, 1876," Book 119, Page 30. Subject to the 1918 and 1919 taxes. Signed February 13, acknowledged March 1, 1920 before Warren W. Fox.
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| May 10, 1920 | Quitclaim | Vera M. Heselton, George E. Morse, Herbert A. Morse, Roland Morse, Clara A. Staples, Lillian Akley and George A. Miller, heirs at law of Mary S. Brown and devisees of Alfred Brown | Sabina G. Twombly of Billerica | 1920: the Brown heirs quitclaim to Sabina G. Twombly | 626/227 |
"All our right, title and interest" in the same land with the buildings, "the homestead of the late Alfred and Mary S. Brown." The heirs are described as "all the heirs-at-law of Mary S. Brown, wife of Alfred Brown, late of Billerica, Massachusetts, living at the decease of said Alfred Brown and all the devisees under the will of said Alfred Brown"; the grantors were of West Roxbury, Bellows Falls and Saxtons River, Vt., Lowell and West Brattleboro, Vt., and their spouses release dower and curtesy. Dated February 13, 1920.
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| May 6, 1935 | Quitclaim | Daniel E. Callahan of Billerica, unmarried | Elizabeth E. Callahan of Billerica | about 1934: Daniel E. Callahan to Elizabeth E. Callahan | 862/37 |
The land with all the buildings, bounded by Boston Road 550 feet, Brown's Square 60 feet, the road from Billerica Centre to North Billerica 450 feet and Leonard Blood 300 feet. "For my title to the above premises see probate record of Sabina G. Twombly duly filed in Middlesex Probate County records; and also deed to her recorded in Middlesex North District Registry of Deeds, Book 626, Page 226." Subject to a mortgage held by the Washington Savings Institution, which the grantee assumes. Signed December 26, the year partly illegible (about 1934); recorded May 6, 1935. The 1940 deed recites it as dated December 20, 1933 and recorded in "Book 832, Page 37," a misprint for 862/37.
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| February 14, 1940 | Administrator's Deed | Edward P. Collins of Billerica, Administrator of the Estate of Elizabeth H. Callahan, also known as Elizabeth E. Callahan | James Gerald McCusker of Billerica | 1940: the Callahan administrator to James Gerald McCusker | 941/366 |
Under a license of the Middlesex Probate Court dated February 7, 1940, for $3,000, "A certain parcel of land with the buildings thereon," bounded southwesterly by Boston Road 550 feet, southerly by Brown's Square 60 feet, southeasterly by "the road leading from Billerica Centre to North Billerica" 450 feet and northerly by land now or formerly of Leonard Blood 300 feet. "Being the same premises conveyed to the said Elizabeth H. Callahan ... by Daniel E. Callahan by deed dated December 20, 1933." Subject to the 1940 taxes and water assessments. Signed February 13, 1940. McCusker's title to all of 312 and 314 Boston Road.
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| March 17, 1954 | Easement | James Gerald McCusker and Anne H. McCusker, husband and wife, of Billerica | The Lowell Electric Light Corporation | 1954: electric line for the buildings on the McCusker land | 1250/50 |
The right to build and maintain a line of one pole with wires "over, across and upon our land situated on the northeasterly side of Boston Road and the southwesterly side of Pollard Street," running about 160 feet northeast from the company's pole 10/114 on Boston Road, with the right to attach "service wires from said pole to buildings now located and to be located" on the land. Dated March 1954. Every later deed of the lot is made subject to this easement.
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| May 6, 1955 | Mortgage | James Gerald McCusker of Billerica (Anne H. McCusker releasing dower) | City Institution for Savings, Lowell | 1955: $51,100 mortgage on Lot A, the market lot | 1292/483 |
To secure $51,100 in ten years at five percent, "The land in said Billerica, with the buildings thereon, situated on the northeasterly side of Boston Road and the westerly side of Pollard Street," from a culvert on Pollard Street westerly by the center of a ditch 334.95 feet to Boston Road, by Boston Road 52.47 feet, around Lot B (140, 90 and 108.7 feet), by Boston Road 74.36 feet and by other land of the mortgagor 197.51 feet to Pollard Street, "Containing 46,600 square feet," Lot A on the plan of October 31, 1953 by James B. Monahan (Plan Book 83, Plan 179). Part of the land conveyed by the Callahan administrator in 1940 (Book 941, Page 366). The loan for the new market building.
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| May 6, 1955 | Notice of Lease | James Gerald McCusker of Billerica, Lessor | Food Basket, Inc., of Billerica, Lessee (David E. Gardner, President) | 1955: supermarket leased to Food Basket, Inc.; Monarch Diner on Lot B | 1292/484 |
Notice of a lease executed May 5, 1955 of "the store or super market, so-called, located on the easterly side of the Boston Road and the westerly side of Pollard Street," Lot A on Plan Book 83, Plan 179, 46,600 square feet, "Reserving to the Monarch Diner of North Billerica, Inc. the right to use in common with the Lessee for their respective patrons the parking area located on the westerly side of the building" and the land "now leased to said Monarch Diner." Term May 5, 1955 to May 4, 1970, with an option to renew for fifteen years.
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| 1957 | Amendment to Lease | James Gerald McCusker, Lessor | Food Basket, Inc., Lessee | 1957: amendment of the Food Basket lease | 1377/564 |
Dated July 27, 1957. Amends the lease of May 5, 1955 "of the premises occupied by a supermarket located on the easterly side of the Boston Road and the westerly side of Pollard Street": the renewal becomes an option to "extend," reasonable wear and tear is excepted from the repair covenants, and "The lessee may sublet or assign all or any part of the premises demised hereunder without the consent of the Lessor." Made two days before the assignment to Purity Food Stores.
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| 1957 | Assignment of Lease | Food Basket, Inc., of Billerica (by Albert S. Kahn) | Purity Food Stores, Inc. or its nominee | 1957: Food Basket assigns the lease to Purity Food Stores | 1377/566 |
Dated July 29, 1957, acknowledged at Boston the same day. Food Basket, Inc., lessee in the lease of May 5, 1955 as amended July 27, 1957 "of the supermarket located on the easterly side of Boston Road and the westerly side of Pollard Street," assigns all its interest to Purity Food Stores, Inc., including "the right to renew or extend the said lease for an additional term of fifteen (15) years from May 4, 1970." With the consent of James Gerald McCusker, lessor.
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| October 30, 1958 | Notice of Lease | James Gerald McCusker of Billerica, Lessor | Purity Food Stores, Inc., of Malden, Lessee (Albert S. Kahn, Treasurer) | 1958: the diner lot (Lot B) leased to Purity Food Stores | 1419/175 |
Notice of a lease executed September 16, 1958, for a term from September 16, 1958 to May 4, 1970 with an option to extend for fifteen years, of "the land in said Billerica, situated on the easterly side of the Boston Road," 180 feet on Boston Road and 140, 90 and 108.7 feet by the lessor's other land, "Containing in all 15,550 square feet," Lot B on Plan Book 83, Plan 179. This was the diner lot; with it Purity held the whole of the later 312 Boston Road.
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| 1960 | Will | Estate of James Gerald McCusker of Billerica | Anne H. McCusker, his widow | about 1960: will of James Gerald McCusker; his widow inherits | Probate #354056 |
Middlesex Probate Court docket no. 354056. James Gerald McCusker died about 1960 (a plan of July 23, 1960, Plan Book 94, Plan 37B, was already surveyed for Anne McCusker), and his widow took the Boston Road and Pollard Street land under his will: her mortgages of 1964 and 1966 say "For my title see Will of said James Gerald McCusker, duly probated in Middlesex Probate Court," and her deeds of 1969 and 1983 cite "Estate of James Gerald McCusker, Middlesex Probate Court Docket No. 354056." The probate papers themselves (twentieth century, not in the online index) have not been read.
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| December 9, 1964 | Mortgage | Anne H. McCusker of Billerica, unmarried | The Lowell Five Cent Savings Bank | 1964: mortgage of Lot A | 1677/139 |
To secure $12,000 in ten years at five and a half percent, Lot A of Plan Book 83, Plan 179, "with the buildings thereon," 46,600 square feet, the same bounds as the 1955 mortgage. "For my title see Will of said James Gerald McCusker, duly probated in Middlesex Probate Court."
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| April 14, 1966 | Mortgage | Anne H. McCusker of Billerica, unmarried | The Lowell Five Cent Savings Bank | 1966: mortgage of Lot A | 1746/248 |
To secure $15,000 at five and three quarters percent, the same Lot A "with the buildings thereon" on the northeasterly side of Boston Road and the westerly side of Pollard Street, 46,600 square feet, part of the 1940 Callahan deed, title by the will of James Gerald McCusker.
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| October 17, 1969 | Quitclaim | Anne H. McCusker (also known as Ann H. McCusker) of Billerica, unmarried | George A. Carpenter and Edward Carpenter of Billerica, as tenants in common | 1969: land north of the ditch sold; ditch easement | 1903/99 |
For $20,000, the 1.05 acres north of the ditch, on Plan Book 94, Plan 37B (July 23, 1960): northerly by land of Brown and Ohlson 448 feet, easterly by Pollard Street 76.35 feet, southerly by "other land of McCusker" 334.95 feet and westerly by Boston Road 197.5 feet; title from Ruth L. Turner, 1952 (Book 1210, Page 305). It is a row here because it grants "the right to pipe, repair and maintain the ditch on the southerly side of the above described premises, and blacktop the same if desired," reserving to the grantor, her heirs and lessees "the right to pipe into said ditch in the location where the pipe now enters," an easement every later deed of 312 Boston Road recites. Acknowledged October 14, 1969.
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| October 17, 1969 | Agreement | Purity Supreme, Inc. (formerly Purity Food Stores, Inc.) | George A. Carpenter et al. | 1969: Purity Supreme, Inc. still the market tenant | 1903/100 |
Dated October 16, 1969. Purity Supreme, Inc., "formerly Purity Food Stores, Inc., assignee and present holder of a certain lease dated May 5, 1955, given by James Gerald McCusker," Book 1292, Page 484, agrees that its rights under the lease are subordinated to the ditch easement in the deed from Anne H. McCusker to George A. Carpenter et al., subject to the reservation of the right to pipe into the ditch. It shows Purity still the tenant of the supermarket in the fall of 1969.
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| May 13, 1983 | Quitclaim | Anne H. McCusker (also known as Ann H. McCusker) of Lowell | Bruce K. Randolph and Robin D. Randolph of Tewksbury, Trustees of Randolph Realty Trust | 1983: Lot B, 68,566 sq ft, to Randolph Realty Trust, $300,000 | 2611/563 |
For $300,000, "A certain parcel of land, with the buildings thereon," on the northeasterly side of Boston Road and the westerly side of Pollard Street, Lot B on "Subdivision Plan Of Land Billerica, Mass. owned by Anne H. McCusker" of March 25, 1974, by William G. Troy & Associates (Plan Book 123, Plan 161): southwesterly by Boston Road 319.26 feet, northerly by R.G.R. Realty 334.95 feet, easterly by Pollard Street 240.37 feet and southeasterly by Lot A 184.61 feet, 68,566 square feet. Subject to the 1954 electric easement, the Food Basket lease of 1955 as amended and assigned to Purity Food Stores in 1957, the 1958 Purity lease and the 1969 ditch easement. "Being a portion of the premises described in a Deed from Edward P. Collins, Administrator, to James Gerald McCusker dated February 13, 1940 ... Book 941, Page 366. See also Estate of James Gerald McCusker, Middlesex Probate Court Docket No. 354056." Street address "312 Boston Road."
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| May 13, 1983 | Mortgage | Bruce K. Randolph and Robin D. Randolph, Trustees of Randolph Realty Trust | The Central Savings Bank, Lowell | 1983: $70,000 mortgage, Central Savings Bank | 2611/565 |
To secure $70,000, Lot B of Plan Book 123, Plan 161, "with the buildings thereon," 68,566 square feet, 312 Boston Road. Recorded with the deed.
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| May 13, 1983 | Mortgage | Bruce K. Randolph and Robin D. Randolph, Trustees of Randolph Realty Trust | Anne H. McCusker (also known as Ann H. McCusker) of Lowell | 1983: $230,000 mortgage back to the seller | 2611/572 |
Purchase-money mortgage to the seller to secure $230,000 at seven percent in fifteen years, on fifteen notes, the same Lot B "with the buildings thereon," subject to the Central Savings Bank mortgage. It recites the same encumbrances and title as the deed.
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| February 17, 1987 | Mortgage | Robin D. Randolph, Trustee of Randolph Realty Trust, of 59 Haverhill Street, Andover | The Central Savings Bank, Lowell | 1987: $250,000 mortgage, Central Savings Bank | 3920/169 |
Dated February 13, 1987. To secure $250,000, Lot B on Boston Road and Pollard Street (Plan Book 123, Plan 161), described in a schedule. This is the mortgage foreclosed in 1991.
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| June 7, 1988 | Mortgage | Robin D. Randolph, Trustee of Randolph Realty Trust | The Central Savings Bank, Lowell | 1988: $150,000 mortgage, Central Savings Bank | 4537/79 |
A further mortgage to secure $150,000 on 312 Boston Road and Pollard Street, Lot B of Plan Book 123, Plan 161, described in a schedule.
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| August 22, 1990 | Order of Notice | Massachusetts Land Court (The Central Savings Bank, plaintiff) | Robin D. Randolph, Trustee of Randolph Realty Trust, the executor of the estate of Anne H. McCusker, and the other parties in interest | 1990: Land Court order of notice for foreclosure | 5308/23 |
Order of notice on the bank's complaint for authority to foreclose its mortgage of February 13, 1987 (Book 3920, Page 169), "covering real property in Billerica known as 312 Boston Road," by entry and possession and exercise of the power of sale, under the Soldiers' and Sailors' Civil Relief Act. Anne H. McCusker had died; her executor was named as a holder of the 1983 mortgage.
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| December 11, 1990 | Tax Taking | Collector of Taxes of the Town of Billerica (taxes assessed to Bruce K. and Robin D. Randolph) | Town of Billerica | 1990: tax taking for 1990 taxes | 5402/186 |
Instrument of taking under General Laws chapter 60 for the unpaid 1990 taxes on "A Parcel of Land with a building thereon, 312 Boston Road, Map 31 Parcel 286, PL 123-161 Lot B."
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| April 5, 1991 | Foreclosure Deed | The Central Savings Bank, Lowell, mortgagee of Robin D. Randolph, Trustee of Randolph Realty Trust | JDF Corp., 40 Church Street, Lowell | 1991: foreclosure auction; to JDF Corp., $300,000 | 5490/80 |
For $300,000, under the power of sale in the mortgage of February 13, 1987 (Book 3920, Page 169). After notices in the Billerica News of December 13, 20 and 27, 1990 (the sale was also advertised in The Boston Globe of January 9, 1991: "68,000 Sq Ft Lot", "15,000 Sq Ft Building", "Building Needs Repairs", zoned Neighborhood Business), the premises were sold "at public auction" on the premises at 10 a.m. on January 10, 1991 by Kenneth Harkins, auctioneer, to the bank itself for $300,000, and the bid was assigned to JDF Corp. Lot B "with the buildings thereon," 68,566 square feet, subject to the 1954 easement, the Food Basket and Purity leases and the 1969 ditch easement, "Being the same premises conveyed to the within Mortgagor by deed of Anne H. McCusker, dated May 13, 1983," Book 2611, Page 563. Deed signed January 24, 1991. Recorded with the Land Court judgment authorizing the sale (Book 5490, Page 78).
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| April 27, 1992 | Variance | Billerica Board of Appeals | J.D.F. Corporation and Central Savings Bank for Wendy's International, Inc., by James T. Dangora, attorney | 1992: variance for a Wendy's with drive-through | 5907/123 |
Variance of March 4, 1992 (hearing January 22, continued to March 4) for "a Wendy's Restaurant with drive through window in a General Business zone" at 312 Boston Road, Plate 31 Parcel 286, on a site plan by Jeffrey S. Rider of Howe Surveying Associates, North Chelmsford. Conditions: for the petitioner only; two drive-through windows; flood plain permits; "No free standing sign at all"; "There shall be only one entrance/exit to this property, which is located on Route #3A (Boston Road) No access/egress from Pollard Street"; all drive-through packaging "shall be made of bio-degradable materials"; petro-trap catch basins; green strips where the Pollard Street entrance had been proposed.
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| April 27, 1992 | Special Permit | Billerica Board of Appeals | J.D.F. Corporation and Central Savings Bank for Wendy's International, Inc. | 1992: special permit for the Wendy's | 5907/128 |
Special permit of March 4, 1992 under the sections for restaurants, fully automated business establishments, the flood plain district, signs and curb cuts, "to construct a Wendy's Restaurant with a drive through window in a General Business Zone" at 312 Boston Road, on the Howe Surveying Associates site plan. Issued with the variance of the same date.
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| May 26, 1992 | Variance | Billerica Board of Appeals | J.D.F. Corporation and Central Savings Bank for Wendy's International, Inc. | 1992: green strip variance | 5950/102 |
Variance of April 22, 1992 from the green strip and green space requirements "for a proposed Wendy's Restaurant," on a site layout plan of February 2, 1992 by Jeffrey S. Rider, Howe Surveying Associates; "The green strip shall be where the requested rear exit was, due to the fact that this exit was denied."
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| August 3, 1992 | Quitclaim | JDF Corp., also known as J D F Corp., of 124 Grove Street, Franklin | Wendy's Old Fashioned Hamburgers of New York, Inc., an Ohio corporation, of Dublin, Ohio | 1992: to Wendy's Old Fashioned Hamburgers of New York, Inc., $380,000 | 6044/141 |
For $380,000, "A certain parcel of land, with the buildings thereon," Lot B of Plan Book 123, Plan 161, 68,566 square feet, 319.26 feet on Boston Road and 240.37 feet on Pollard Street, subject to the 1954 electric easement and with the benefit of the 1969 ditch easement. "Being the same premises conveyed to JDF CORP. ... by foreclosure deed dated January 24, 1991," Book 5490, Page 80. Signed July 22, 1992; property address 312 Boston Road. The old market was then replaced by the Wendy's restaurant.
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| September 26, 1995 | Taking | Wendy's Old Fashioned Hamburgers of New York, Inc. and other Boston Road owners | Town of Billerica (Board of Selectmen) | 1995: town takes 16,300 sq ft for the Boston Rd-Pollard St connector | 7668/41 |
Order of taking of September 25, 1995 of permanent highway and drainage easements for the widening of Boston Road at Brown's Corner, on the "Plan of Road in the Town of Billerica ... Altered and Laid Out as Town Highway" by Hoyle, Tanner & Associates (Plan Book 189, Plan 92). From Wendy's at 312 Boston Road the town took Parcel T-4 (2,820 square feet) for sidewalk and Parcel T-16 (16,300 square feet) "for the purpose of constructing a new connector road between Boston Road and Pollard Street," the Bypass Road, with damages of $116,300. The other owners were at 299, 301, 303, 305, 306, 308, 309, 313, 314 and 318 Boston Road and 226 Pollard Street.
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| December 7, 2009 | Special Permit Modification | Billerica Board of Appeals | Wendy's Old Fashioned Hamburgers of New York, Inc., by James T. Dangora Jr., attorney | 2009: after the SJC decision, second entrance on Pollard St allowed | 23594/64 |
Decision of October 21, 2009 at 312 Boston Road, Plate 31 Parcel 286: "Pursuant to a Decision of the Massachusetts Supreme Judicial Court dated July 24, 2009 affirming the Decision of the Middlesex Superior Court dated July 28, 2003," the board modified the special permit of March 4, 1992, which had allowed only one entrance and a green strip on Pollard Street, "to allow a second entrance/exit on Pollard Street." The SJC case was Wendy's Old Fashioned Hamburgers of New York, Inc. v. Board of Appeal of Billerica, 454 Mass. 374 (2009).
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| December 7, 2009 | Variance Modification | Billerica Board of Appeals | Wendy's Old Fashioned Hamburgers of New York, Inc. | 2009: variance modified to allow Pollard St access | 23594/92 |
Companion decision of October 21, 2009 granting variances from the curb cut, green strip and parking sections of the zoning bylaw and modifying the variance of March 4, 1992 "by removing the condition prohibiting access to and from the locus via Pollard Street," under the same court decisions.
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| January 13, 2015 | Special Permit | Billerica Board of Appeals | Wendy's Old Fashioned Hamburgers of New York, Inc. for Wendy's Corporation | 2014: special permit for new signs after renovation | 28760/216 |
Special permit of August 13, 2014 for a fast order food establishment and signs at 312 Boston Road, Plate 32 Parcel 286-1. "Wendy Corporation recently renovated their building at 312 Boston Road," and asked to install new signs; existing conditions survey of May 28, 2014 by Control Associates, Southborough, and sign plans by Custom Sign Center, Columbus, Ohio. Granted 5-0.
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| October 29, 2015 | Warranty Deed | Wendy's Old Fashioned Hamburgers of New York, LLC (formerly Inc.), an Ohio company | Wendy's Properties, LLC, a Delaware company, of One Dave Thomas Boulevard, Dublin, Ohio | 2015: to Wendy's Properties, LLC | 29542/170 |
For $1, Lot B of Plan Book 123, Plan 161, "together with the buildings and improvements erected thereon," 68,566 square feet, the same description and easements as 1992. "Being the same premises conveyed to the Grantor by Deed of JDF Corp., dated July 22, 1992," Book 6044, Page 141. Wendy's site no. 1693. Signed June 2015.
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| November 12, 2015 | Notice of Lease | Wendy's Properties, LLC, Landlord | Wendy's of New England, LLC, a Delaware company, Tenant | 2015: 20-year lease to Wendy's of New England, LLC | 29579/130 |
Notice of a lease dated November 9, 2015 of "The real property located at 312 Boston Road, Billerica," which "is improved with a Wendy's / Wendy's Old Fashioned Hamburgers restaurant building and related improvements," for twenty years from November 9, 2015 with one ten-year option. Title reference Book 6044, Page 141. Wendy's Properties, LLC still owned the lot in 2026 and Wendy's of New England, LLC, the franchisee, ran the restaurant; the town's personal property tax books list it at 312 Boston Road from FY2017.
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Recorded is Book/Page at the Middlesex North Registry of Deeds unless noted; Probate # is a Middlesex probate case, Ctf a Land Court certificate of title.