January 2026 Update

The DEP Meeting & What We're Dealing With

We met with the Massachusetts Department of Environmental Protection (DEP) in early January, and while the conversation was long and technical, it was also productive and reassuring. Every issue on the table is solvable, but each one must be addressed carefully, in the correct order, and in compliance with current regulations. Because Ferns is under active DEP review, the property cannot change hands until the required environmental work is completed, as the DEP maintains regulatory authority and holds the associated liens over the site.

Based on DEP inspections, reports, and ongoing oversight, Ferns is dealing with multiple overlapping environmental and infrastructure challenges, including:

• Ground contamination requiring further investigation and remediation

• Water quality issues tied to the well, including:

  • Past coliform and E. coli detections

  • Ongoing PFAS detections in the well above current state guidelines

  • Required upgrades to disinfection systems approved by DEP but never completed by prior operators.

• Well constraints including:

  • A well located within a tightly constrained Zone I protection area that includes the building, parking lot, road, and septic

  • A wellhead configuration that DEP has flagged for potential contamination risk and requires modification or replacement

• Septic limitations, which remain the single biggest hurdle:

  • The existing system cannot support expansion

  • The site does not have sufficient space for a traditional enlarged septic system

  • This will require either a specialized chamber system or relocating the septic off-site, both of which require extensive permitting and approvals

All of these issues are documented in formal DEP Sanitary Survey reports and Notices of Noncompliance issued prior to our involvement. Some date back many decades and were never fully resolved.

What Happens Next: Testing → Plan → Permanent Solution

The next major step is comprehensive 2026 testing of the ground, water, and air. This work will be conducted by Cushing, Jammallo & Wheeler, Inc., the Licensed Site Professional (LSP) company who has overseen Ferns for more than 20 years and knows the site’s full history.

We hope to receive the results within the next 30 days. From there we will:

• Work together to formulate a plan to move forward with the transaction

•  Work towards a planned “Permanent Solution,” meaning:

  • Full remediation of the ground contamination

  • A long-term, DEP-approved approach for the well, septic, and drinking water

  • Addressing any air-quality concerns tied to historic site use

After receiving sign-off from the appropriate departments, we’ll be able to make informed construction decisions and begin the permitting process, with timelines becoming clearer at that point.

Title & Legal Updates

• Our title search is complete and, while heavily encumbered, we believe the issues are resolvable.

• Because DEP review and title matters cannot move in parallel as quickly as anyone would like, we formally exercised our purchase extension, a provision we intentionally built into the original agreement knowing the complexity of this site

This is a complex but expected part of working through a property with a long history and active regulatory oversight.

How We're Funding This

After a lot of thought, we’ve decided not to pursue public fundraising for the environmental remediation work.

Instead, we’re personally funding the remediation so it can be done once, done right, and without cutting corners.

For the interior renovations needed to bring Ferns back in the way it truly deserves, we’ve had strong interest and early commitments from a small group of like-minded partners who believe in the long-term vision for the space.

Between our own investment and this private support, we’re confident in the path forward and fully committed to seeing Ferns through - safely, compliantly, and in a way that serves the community for decades to come.

And as always, if you’re excited about Ferns and would like to be involved or learn more, we’d love to hear from you. Please feel free to reach out.

The Good News, & Why We’re Taking Our Time

There’s a lot to be excited about. Sam and Kinnari Patel from Turnpike Market in Billerica are eager and preparing to operate Ferns as a grocery, market, café, bakery, liquor store, and dining destination, and the response has been incredible. Their recent announcement on Facebook reached over 1,000,000 people, and every conversation we’ve had locally with neighbors, families, and town officials has been positive, supportive, and encouraging.

And again, while the DEP meeting was extremely technical and detailed, it went better than we could have hoped. Every issue on the table is solvable, and we left the meeting feeling confident about the path forward, even if it’s a long one.

We know this process feels slow, and we truly wish it could be done faster. The reality is that Ferns is a property with just about every issue under the sun, and when it’s under DEP review, we’re ultimately subject to regulatory timelines. We’re moving forward carefully by the book, with the goal of fixing these issues once, properly, and for good.

Our focus is on making sure Ferns operates safely, legally, and confidently, not just for opening day, but for decades to come. We truly believe the end result will be worth the wait, and we’re grateful for the patience and support we’ve felt from the community.

Thank you for sticking with us!

Quick FAQs

When will Ferns open?
Our intention is to open in 2026, and that’s very much what we’re gunning for. That said, this project has already proven to be more complex than originally anticipated, so we want to be careful not to over-promise on timing. As things become clearer, we’ll continue to share updates along the way.

How soon can construction begin after site testing is complete?
That depends on a few important gates, including DEP sign-off and approval of the remediation plan. The exact timing is hard to predict, but we’re hopeful this phase will take one to two months once testing is complete.

How long will construction last?
Construction timing will depend on final approvals and the scope of work, but we expect renovations to be phased over the course of the year. Once permitting is in place, we anticipate active construction to take roughly three to five months.

What permits will be required for renovations?
The project will require coordination with multiple local and state departments, including environmental, building, health, and historical approvals. We’re not yet in the permitting phase, but we fully expect to work closely with all of the appropriate boards and agencies to ensure everything is done properly and by the book.