⚡ DELAMONT AVE

TO: Sunland America Corp. Development Committee

FROM: Senior BESS Site Evaluation Analyst

DATE: October 26, 2023

SUBJECT: Comprehensive Site Diligence Analysis for APN 23-155 (Delamont Ave), North Attleborough, MA

This report provides a comprehensive due diligence analysis for the property located on Delamont Ave (APN 23-155) in North Attleborough, MA, for its potential as a distribution-scale Battery Energy Storage System (BESS) project. The analysis covers key site characteristics, constraints, and opportunities to inform a final development decision.

1. Site Access & Topography

Road Access: The subject parcel is located on Delamont Avenue, which appears from aerial imagery to be a narrow, partially improved or unpaved residential road. The quality of this road is a significant concern and is likely not rated for heavy haul vehicles.

Equipment Delivery: Feasibility for delivering heavy equipment, including multi-ton battery containers, switchgear, and a main power transformer, is extremely low without significant road improvements. The analysis must include a survey of turning radii from main thoroughfares (e.g., Rt 1) onto the local road network. The cost of upgrading Delamont Ave and potentially other local roads could be substantial and add significant cost and complexity to the project.

Terrain & Buildability: Based on aerial imagery and regional topography, the 2.4-acre site is likely wooded and relatively flat. However, the small parcel size combined with required setbacks will severely constrain the potential project footprint. A full tree clearing and grading operation would be required, which carries its own permitting and cost implications.

Easement Concerns: Access is a critical risk. A formal access easement will be required over Delamont Ave. If road improvements are necessary, temporary construction easements and permanent improvement rights would need to be negotiated with the Town of North Attleborough and potentially adjacent residential landowners, which is often a difficult and time-consuming process.

2. Environmental Constraints

FEMA Flood Zone: The FEMA flood zone designation is currently unknown. This is a critical data gap. Any designation other than Zone X would likely render the site undevelopable for critical infrastructure like a BESS or would require costly mitigation measures (e.g., building up the pad elevation), which may not be feasible on a small parcel.

Wetlands: The presence of wetlands is unknown but represents a high risk on a wooded parcel in Massachusetts. The Massachusetts Wetlands Protection Act (WPA) and local bylaws impose strict regulations, including significant buffer zones (typically 100 feet) from any delineated wetland resource area. The presence of even a small wetland could make it impossible to site a project of meaningful size on this 2.4-acre parcel. A formal wetland delineation by a certified professional is a mandatory early-stage diligence item.

Habitat & Species: The data indicates no critical habitat or protected areas on site, which is a positive initial finding. This should be verified via the MassGIS OLIVER tool and the Natural Heritage & Endangered Species Program (NHESP) database to confirm no state-level concerns exist.

Brownfield/Superfund Status: There is one brownfield/superfund site within two miles. This does not qualify our project for the 10% IRA brownfield tax credit adder, as the project site itself must be a designated brownfield. Instead, the nearby site presents a potential risk of soil or groundwater contamination, which could be discovered during geotechnical investigation and trigger costly remediation requirements.

Pipeline Proximity: The absence of major gas pipelines within three miles is a significant safety and permitting advantage, eliminating a common siting constraint.

3. Grid Infrastructure & Interconnection

Substation & POI: The nearest substation is 1.8 miles away and has a maximum voltage of 115 kV. For a distribution-scale project (≤5MW), interconnection at the transmission level (115 kV) is not economically viable. We would target a distribution-level voltage (e.g., 13.8 kV) from this substation.

Interconnection Feasibility & Cost: A 1.8-mile distance to the substation is a fatal flaw for a project of this scale. A dedicated distribution line extension of this length would likely cost between $1.8M and $3.0M, including engineering, materials, labor, and required easements. This cost alone would make the project uneconomical. The only potential for viability is if a suitable three-phase distribution feeder with adequate capacity runs adjacent to the property, which is highly unlikely on a minor residential street like Delamont Ave.

Utility & Timeline: The interconnecting utility is likely National Grid. The interconnection process in Massachusetts is governed by ISO-New England (ISO-NE), and the queue is notoriously long and complex. Even for a small generator application, the timeline from application to commercial operation can easily exceed 36 months. Given the required line extension, this timeline would be even longer.

4. Regulatory & Zoning Analysis

Authority Having Jurisdiction (AHJ): The Town of North Attleborough is the primary AHJ for all zoning, building, and site plan approvals.

Zoning Compatibility: The parcel is zoned R20 (Residential, 20,000 sq. ft. minimum lot size). This is a critical, likely fatal, flaw. A BESS is an industrial utility use and is fundamentally incompatible with a residential zone. It is almost certain that BESS is not a permitted use "by-right."

Permitting Pathway: The only conceivable pathway would be to apply for a Use Variance from the Zoning Board of Appeals (ZBA). The legal standard for a variance in Massachusetts is extremely high, requiring proof of a unique hardship related to the land itself. Gaining a variance for an industrial use in a residential zone is exceptionally rare and would face intense, likely insurmountable, community opposition. A Special Permit or other pathway is not an option if the use is not explicitly allowed for in the zoning district.

Moratorium Risk: Many municipalities in Massachusetts have enacted or are considering moratoriums on BESS