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.



Wendy's
Plan of Land in Billerica surveyed for Ann McCusker (James B. Monahan, Registered Land Surveyor, July 23, 1960), 1961 (Plan 94/37)
Wendy's
Subdivision Plan of Land, Billerica, Mass., owned by Anne H. McCusker, March 25, 1974, William G. Troy & Associates, Tewksbury, 1974 (Plan 123/161)
Wendy's
Plan of Road in the Town of Billerica, Altered and Laid Out as Town Highway by the Board of Selectmen (Boston Road at Brown's Corner), September 25, 1995, Hoyle, Tanner & Associates, 1995 (Plan 189/92)


References

  1. Wendy's, 312 Boston Rd, North Billerica: restaurant location page
  2. 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
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) Probate #17030
1730 Administration Estate of Deacon William Patten of Billerica, intestate (died at Cambridge, 1730) Thomas Patten, administrator; the widow Elizabeth and the children Probate #17041
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 32/181 (South)
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 Probate #17031
1801 Will William Patten of Billerica, yeoman Jeremiah Patten, his son (the residue, including the homestead), executor; the widow Rebecca (dower) Probate #17043
1815 Administration Estate of Deacon Jeremiah Patten of Billerica, intestate Joseph Locke, administrator; Hannah Patten, widow (dower); daughters Abigail, Julia Ann and Hannah Probate #17001
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) 229/393 (South)
1819 Warranty Joseph S. Porter, John P. Stone and Samuel S. Reynolds (Porter, Stone and Co.) Josiah Crosby Jr. 229/405 (South)
October 8, 1819 Mortgage Josiah Stevens of Billerica, gentleman Josiah Crosby Jr. of Billerica, Esquire, guardian 231/94 (South)
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 267/131 (South)
1826 Quitclaim Joseph S. Porter and Samuel S. Reynolds of Charlestown, traders (Anna Porter and Beulah Reynolds releasing dower) Josiah Stevens of Billerica, gentleman 270/165 (South)
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) 305/299 (South)
1840 Administration Estate of Josiah Stevens of Billerica, intestate Marshall Preston, administrator; Abigail Stevens, widow, and the children Probate #42319
June 2, 1840 Administrators Deed (equity of redemption) Marshall Preston, administrator of Josiah Stevens George Holden of Billerica, gentleman 394/25 (South)
June 3, 1840 Warranty George Holden of Billerica, gentleman George Rice of Boston, grocer 394/54 (South)
1842 Quitclaim George Rice of Boston, merchant William D. Mason of Newton, machinist 414/316 (South)
October 24, 1863 Deed William D. Mason of Billerica Thomas Brennan of Lowell 33/580
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 37/219
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 115/567
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 119/30
July 3, 1876 Mortgage Alfred Brown and Maria N. Brown (in her own right), both of Lowell Alden Pinney of Chelmsford 119/32
January 15, 1885 Mortgage Alfred Brown of Billerica Moses P. Greenwood of Billerica 171/442
May 10, 1920 Trustee's Deed Frank D. Brown, Trustee Sabina G. Twombly of Billerica 626/225
May 10, 1920 Executor's Deed Burton O. Sanford of Billerica, Executor of the will of Alfred Brown Sabina G. Twombly of Billerica 626/226
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 626/227
May 6, 1935 Quitclaim Daniel E. Callahan of Billerica, unmarried Elizabeth E. Callahan of Billerica 862/37
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 941/366
March 17, 1954 Easement James Gerald McCusker and Anne H. McCusker, husband and wife, of Billerica The Lowell Electric Light Corporation 1250/50
May 6, 1955 Mortgage James Gerald McCusker of Billerica (Anne H. McCusker releasing dower) City Institution for Savings, Lowell 1292/483
May 6, 1955 Notice of Lease James Gerald McCusker of Billerica, Lessor Food Basket, Inc., of Billerica, Lessee (David E. Gardner, President) 1292/484
1957 Amendment to Lease James Gerald McCusker, Lessor Food Basket, Inc., Lessee 1377/564
1957 Assignment of Lease Food Basket, Inc., of Billerica (by Albert S. Kahn) Purity Food Stores, Inc. or its nominee 1377/566
October 30, 1958 Notice of Lease James Gerald McCusker of Billerica, Lessor Purity Food Stores, Inc., of Malden, Lessee (Albert S. Kahn, Treasurer) 1419/175
1960 Will Estate of James Gerald McCusker of Billerica Anne H. McCusker, his widow Probate #354056
December 9, 1964 Mortgage Anne H. McCusker of Billerica, unmarried The Lowell Five Cent Savings Bank 1677/139
April 14, 1966 Mortgage Anne H. McCusker of Billerica, unmarried The Lowell Five Cent Savings Bank 1746/248
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 1903/99
October 17, 1969 Agreement Purity Supreme, Inc. (formerly Purity Food Stores, Inc.) George A. Carpenter et al. 1903/100
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 2611/563
May 13, 1983 Mortgage Bruce K. Randolph and Robin D. Randolph, Trustees of Randolph Realty Trust The Central Savings Bank, Lowell 2611/565
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 2611/572
February 17, 1987 Mortgage Robin D. Randolph, Trustee of Randolph Realty Trust, of 59 Haverhill Street, Andover The Central Savings Bank, Lowell 3920/169
June 7, 1988 Mortgage Robin D. Randolph, Trustee of Randolph Realty Trust The Central Savings Bank, Lowell 4537/79
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 5308/23
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 5402/186
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 5490/80
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 5907/123
April 27, 1992 Special Permit Billerica Board of Appeals J.D.F. Corporation and Central Savings Bank for Wendy's International, Inc. 5907/128
May 26, 1992 Variance Billerica Board of Appeals J.D.F. Corporation and Central Savings Bank for Wendy's International, Inc. 5950/102
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 6044/141
September 26, 1995 Taking Wendy's Old Fashioned Hamburgers of New York, Inc. and other Boston Road owners Town of Billerica (Board of Selectmen) 7668/41
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 23594/64
December 7, 2009 Variance Modification Billerica Board of Appeals Wendy's Old Fashioned Hamburgers of New York, Inc. 23594/92
January 13, 2015 Special Permit Billerica Board of Appeals Wendy's Old Fashioned Hamburgers of New York, Inc. for Wendy's Corporation 28760/216
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 29542/170
November 12, 2015 Notice of Lease Wendy's Properties, LLC, Landlord Wendy's of New England, LLC, a Delaware company, Tenant 29579/130

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.