⚡ 170 OAK ST

MEMORANDUM

TO: Sunland America Corp. Development Team
FROM: Senior BESS Site Evaluation Analyst
DATE: October 26, 2023
SUBJECT: Comprehensive Site Diligence Analysis for 170 OAK ST, Brockton, MA (APN: 044 036-095)

This report provides a comprehensive due diligence analysis for a potential distribution-scale Battery Energy Storage System (BESS) project at 170 Oak Street in Brockton, Massachusetts. The 5.45-acre subject property is part of a larger commercial shopping center. The analysis evaluates the site's suitability based on key development criteria, including access, environmental constraints, grid infrastructure, regulatory landscape, and financial incentives.

1. Site Access & Topography

The subject property is a portion of the Westgate Mall, a large, established commercial center.

• Road Access & Equipment Delivery: Access is excellent. The site has direct frontage on Oak Street and is immediately adjacent to Route 24, a major state highway. Existing infrastructure includes wide, paved access roads and parking lots designed to accommodate heavy commercial traffic, including semi-trailers. Delivery of large, heavy equipment such as battery containers, inverters, and a main power transformer is anticipated to be straightforward with minimal need for road improvements.
• Terrain Characteristics: The site is a paved, level parking lot. Topography is flat, which is ideal for BESS construction, minimizing the need for extensive civil work and grading. This significantly reduces site preparation costs and construction timelines.
• Heavy Equipment Feasibility: The existing asphalt surface is likely built on a compacted sub-base capable of supporting heavy construction equipment, including cranes needed for setting the transformer and battery enclosures. A geotechnical survey will be required to confirm soil bearing capacity and determine foundation requirements, but no immediate barriers are apparent.
• Easement Concerns: This is a key area of concern. As part of an integrated shopping center, the parcel is almost certainly subject to a complex Reciprocal Easement Agreement (REA) or similar operating covenants. These agreements may restrict development, dictate "no-build" zones, or require consent from anchor tenants. A thorough title review and analysis of all recorded easements and covenants is a critical next step. Utility easements for existing power, water, and sewer lines serving the mall likely cross the property and will need to be identified and avoided.

2. Environmental Constraints

The site's urban, previously developed nature presents a mixed environmental profile with both advantages and significant risks that require immediate investigation.

• FEMA Flood Zone: The FEMA flood zone designation is currently Unknown. This is a critical data gap and a potential fatal flaw. Verification via the FEMA Flood Map Service Center is required immediately. If the site is located within a Special Flood Hazard Area (e.g., Zone A or AE), development costs would increase substantially due to the need for elevated foundations, or the site may be rendered undevelopable.
• Wetlands Presence: The presence of jurisdictional wetlands is Unknown. While the site is paved, adjacent areas could contain wetlands. A desktop review using the National Wetlands Inventory (NWI) is the first step, but a formal wetlands delineation by a certified professional will be necessary to confirm absence and avoid violating Massachusetts Wetlands Protection Act regulations, which mandate significant setbacks (typically 100-foot buffer zones).
• Critical Habitat / Endangered Species: The data indicates no critical habitat or protected areas on or near the site. This is a significant positive, reducing the likelihood of project delays or mitigation requirements from state (MA NHESP) or federal (USFWS) agencies.
• Brownfield/Superfund Status: The presence of 33 brownfield or superfund sites within a two-mile radius is a major red flag. While this indicates a potential eligibility for the 10% IRA Brownfield tax credit adder if the subject parcel itself qualifies, it also presents a substantial risk of pre-existing soil or groundwater contamination. A Phase I Environmental Site Assessment (ESA) is non-negotiable to establish a baseline, identify Recognized Environmental Conditions (RECs), and protect Sunland from liability. The risk of discovering contamination that requires costly remediation is moderate to high.
• Pipeline Proximity: No gas transmission pipelines are located within three miles of the site, which is a strong positive that eliminates risks associated with pipeline-related setbacks, safety protocols, and potential explosions.

3. Grid Infrastructure & Interconnection

The site's proximity to robust grid infrastructure is its most compelling feature.

• Nearest Substation: A substation with a maximum voltage of 115 kV is located only 0.8 miles from the property. This proximity is excellent, minimizing the potential cost and complexity of a new feeder line. The high voltage class of the substation suggests it is a major node in the local grid with a high likelihood of available capacity for a 5 MW BESS. The utility is likely National Grid, which serves the Brockton area.
• Transmission Line Proximity: A 115 kV transmission line is also located 0.8 miles away, running parallel to the substation. This provides theoretical access to the bulk power system.
• Recommended Interconnection Voltage: For a project of this scale (