Fundamentally, the Order to Remedy is unlawful because it misinterprets the Hudson City Code with respect to local permit jurisdiction over repairs at the dock.
The Order is also deeply flawed because it is only rational and reasonable if there is something to "remedy" at the dock. There is nothing of the sort, so the Order is irrational.
The repairs cannot be undone or changed or altered without violating federal and state environmental permits. There is no improvement to review, no environmental analysis to conduct, no new site plan to study or other reasonable, lawful task for the Board to undertake.
For all of these reasons, the Order to Remedy should be deemed null and void.The appeal was made to the Zoning Board of Appeals, which will have to act as a judicial body in the matter.
COPYRIGHT 2017 CAROLE OSTERINK
Update: The appeal and the supporting documents (Part 1 and Part 2) can now be viewed at the City of Hudson website.