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minimum extent necessary to provide the property owner relief from strict compliance with this Local Law. E. Standard of Review. In reviewing an application for an exception based upon a claim of unnecessary or extraordinary hardship, the Town Board shall consider the following criteria: 1. Whether the moratorium will expose a property owner or applicant to substantial monetary liability to a third person or would leave the property owner or applicant completely unable, after a thorough review of alternative solutions, to have a reasonable alternative use of the property. 2. The extent to which the proposed development activity would cause significant environmental harm, adversely impact surrounding natural resource areas, public health, comfort or safety concerns and/or have a negative impact upon the Town. 3. The emergency response plan including evacuation orders to be followed in the event of a fire or any other emergency at the facility and satisfactory evidence that precautions are in place to suppress a fire and mitigate the extent of damage to the surroundings and environment; 4. The size of the subject parcel and the wattage of the Battery Energy Storage System facility; 5. The proximity of the applicant’s proposed Battery Energy Storage System facility to residential areas as well as sensitive and high-risk populations including but not limited to hospitals, nursing homes, assisted living facilities, schools; 6. The extent of the proposed development and/or disturbance of the applicant’s premises; 7. The environmental significance, if any, of the applicant’s parcel and the proposed development’s impact upon the environment, including existing transportation resources; 8. Compatibility of the proposed development with the aesthetic resources of the community or with the existing community or neighborhood character; and 9. Compatibility of the proposed development with the recommendations of the Master Plan, the Comprehensive Plan Update, and all adopted Comprehensive Plans and plan elements henceforth. Section 6: Severability. If any part or provision of this Local Law or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which judgment shall have been rendered and shall not affect or impair the validity of the remainder of this Local Law or the application thereof to other persons or circumstances, and the Town Board of the Town of Boston hereby declares that it would have passed this Local Law or the remainder thereof had such invalid application or invalid provision been apparent. 3