Wendy's Old Fashioned Hamburgers of New York, Inc. v. Board of Appeal

The board of appeal of Billerica (board) appeals from a judgment of the Superior Court ordering the *375board to modify a special permit and variance it previously had granted to Wendy’s Old Fashioned Hamburgers of New York, Inc. (Wendy’s). The original special permit and variance provided that there be only one entrance-exit (hereinafter entrance) to the Wendy’s site, and that a green strip be built along another boundary where Wendy’s had proposed a second entrance.2 3After a jury-waived trial, the trial judge ordered the board to permit Wendy’s to build a second entrance. The board appealed,…