(a) The petitioner shall establish to the satisfaction of the commissioner that he will suffer a hardship if the moratorium permit is not issued. In the absence of satisfactory evidence of hardship, no moratorium permit may be issued.

(b) The basis for the issuance of a moratorium permit shall be a determination that the petitioner has established that the proposed alteration of the state of the tidal wetland is not contrary to

The burden of proof shall be on the petitioner to establish that the proposed alteration is not contrary to such policy or provisions. In granting, denying or limiting any moratorium permit, the commissioner shall consider the compatibility of the proposed activity with reference to the public health and welfare, marine fisheries, shell-fisheries, wildlife, flood and hurricane and storm dangers and the legislative findings contained in section 1 of chapter 790 of the Laws of 1973.