⚡ 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: 036-095)

This report provides a comprehensive due diligence analysis for a potential distribution-scale BESS project at 170 Oak Street in Brockton, MA. The 5.45-acre subject property is part of a larger commercial shopping center. The analysis covers key development pillars including site characteristics, environmental constraints, grid interconnection, regulatory landscape, and financial incentives.

1. Site Access & Topography

Road Access & Feasibility: The site has excellent road access. It is located within the Westgate Mall complex, fronting Oak Street, a major multi-lane commercial thoroughfare with direct connections to Route 24. Existing access consists of wide, paved asphalt roads and parking lots designed to accommodate heavy truck traffic, including 18-wheel delivery vehicles for the mall's anchor tenants. This existing infrastructure is more than adequate for the delivery of BESS equipment.

Terrain & Equipment Access: Based on aerial imagery and the nature of the site as a developed commercial center, the topography is presumed to be flat and level, having been graded for construction. There are no apparent topographical challenges. Heavy equipment, including cranes for setting transformers and battery containers, can be staged directly on the existing paved surface. The primary buildability constraint will be negotiating a lease area within the existing parking lot that minimizes disruption to retail operations and meets setback requirements.

Easement Concerns: Access to the parcel is provided via the shopping center's existing internal road network. A formal access easement will need to be secured as part of any lease or purchase agreement with the owner, JMR SQUARE INVESTMENT LLC. Additionally, a utility easement will be required for the interconnection route to the point of interconnection (POI) on the public right-of-way. Verification of existing utility easements on the property is required.

2. Environmental Constraints

FEMA Flood Zone: The FEMA flood zone designation is currently unknown. This is a critical data gap. Any location within a 100-year floodplain (e.g., Zone A, AE) would likely render the site undevelopable or require significant civil engineering and elevated construction, dramatically increasing costs. A desktop review using the FEMA Flood Map Service Center is an immediate next step.

Wetlands: The presence of jurisdictional wetlands is unknown. While the site is heavily developed, stormwater management features, drainage swales, or remnant wetlands could exist on the periphery of the paved areas. Massachusetts has stringent wetland protection regulations (Massachusetts Wetlands Protection Act) with significant buffer zone requirements (typically 100 feet). A desktop environmental screen followed by a formal wetland delineation will be necessary to confirm the buildable area.

Critical Habitat / Endangered Species: The data indicates no critical habitat or protected areas on site, which is a significant positive. Given the site's long history as a developed, high-traffic commercial property, the risk of encountering state or federally listed species is considered very low.

Brownfield/Superfund Status: The presence of 33 brownfield or superfund sites within a two-mile radius indicates a history of industrial activity in the area. This presents a moderate risk of potential soil or groundwater contamination on or migrating to the subject parcel. A Phase I Environmental Site Assessment (ESA) is strongly recommended. Conversely, this does not qualify the site for the 10% IRA brownfield tax credit adder, which requires the subject parcel itself to be a qualifying brownfield site. Given its current use as a shopping mall, this is highly unlikely.

Pipeline Proximity: No major gas transmission pipelines are located in the immediate vicinity, mitigating risks associated with pipeline-related setbacks and safety protocols.

3. Grid Infrastructure & Interconnection

Substation & Transmission Proximity: The site is in a strong location relative to grid infrastructure. A 115 kV substation (UNKNOWN136273) and an associated 115 kV transmission line are located just 0.8 miles from the parcel. This proximity suggests a robust power backbone in the area with significant capacity.

Interconnecting Utility & Voltage: The likely interconnecting utility is National Grid. This requires verification. For a distribution-scale project (≤5MW), a transmission-level interconnection at 115 kV would be prohibitively expensive and complex. The preferred strategy is to interconnect to the local distribution system. Three-phase overhead distribution lines are clearly visible along Oak Street, likely operating at a standard voltage such as 13.8 kV. This is the ideal POI for a project of this scale.

Feeder Configuration: The feeder serving the commercial district is almost certainly a 3-phase circuit, which is required for a BESS project. It is likely an overhead line running along Oak Street, offering a relatively straightforward and cost-effective physical tap.

Estimated Cost & Timeline: Assuming a distribution-level (e.g., 13.8 kV) interconnection to the adjacent overhead lines, the interconnection cost would primarily consist of a short underground run from the BESS to a riser pole, switchgear, and utility-required upgrades. A preliminary budget of $500,000 - $1,200,000 is a reasonable starting estimate, pending a formal study. The interconnection process in Massachusetts falls under ISO New England (ISO-NE) and the state's DPU. Timelines for study and approval can be lengthy, often 18-24 months from application to an Interconnection Service Agreement (ISA).

4. Regulatory & Zoning Analysis

Authority Having Jurisdiction (AHJ): The primary AHJ is the City of Brockton, specifically its Planning Board and Building Department.

Zoning Compatibility: The parcel is zoned I-1 (Industrial). Industrial zoning is generally favorable for energy infrastructure. However, a review of the City of Brockton's zoning ordinance indicates that Battery Energy Storage Systems are not an explicitly defined use. Uses such as "Electric substation" or "public utility" often require a Special Permit from the Planning Board. This is the most likely permitting pathway.

Permitting Pathway Recommendation: We should plan for a Special Permit application. This process typically involves public hearings, site plan review, and potential conditions of approval related to safety (e.g., NFPA 855 compliance), noise, and aesthetics. It is a discretionary approval, introducing a degree of entitlement risk.

Setbacks & Restrictions: Specific BESS setbacks are not defined in the ordinance. Standard commercial/industrial setbacks for the I-1 zone will apply at a minimum. We must proactively engage the Fire Marshal to discuss NFPA 855 requirements, which will dictate container spacing and fire lane access, heavily influencing the site layout. There are no known moratoriums on BESS in Brockton at this time, but this requires verification with the City Planner.

5. IRA/ITC Incentive Analysis

Incentive Qualification: The site's location is a significant commercial disadvantage from an IRA/ITC perspective.

• Opportunity Zone: No
• Energy Community: No