Published Tuesday, October 8, 2002
Herald Staff Writer
Farrell council's meeting Monday was equal parts protest rally and revival as a group of about 60 people objected to the Farrell Zoning Hearing Board's decision to allow the Humane Society of Mercer County to build an office, kennel and retail store on Roemer Boulevard.
While council told the group that it can do nothing to overturn the decision, several agreed to support an appeal movement.
The Rev. Martha J. Sanders, pastor of the Hour of Power Full Gospel Tabernacle, Farrell, and a former councilwoman, laid out the complaints.
She said the proposed building is within a stone's throw of the Pentecostal House of Prayer, 725 Fruit Ave., and there is "no doubt" the church will be able to smell the kennel and hear dogs barking.
"When I pray, I sing," said the Rev. Letitia Banks, co-pastor of Pentecostal House of Prayer. "When I sing, I sing loud. When I sing, the dogs are going to howl. We're not going to tolerate a howling dog when I'm praying."
Rev. Sanders also spoke in political terms in reference to Mercer County Area Agency pulling the senior center out of Farrell in favor of Hermitage.
"We are not qualified to have the senior center," she said. "We are only qualified to house animals."
Rev. Sanders said she had a petition with 541 names of people opposed to the society's plan.
Toby Jackson, a member of the Farrell Planning Commission, said there is no mention of an animal shelter in the city's zoning ordinance. An animal shelter should not be located in a business and residential section of a city.
Eva Collins, who lives near the site of the proposed building, said the shelter will deter people from wanting to move into her neighborhood.
"My very intelligent 15-year-old daughter said, 'I would not want to raise my kids next to this animal shelter,' " Ms. Collins said.
Rick Harakal, president of the society board, said he chose not to attend the meeting to avoid a "nasty battle," but addressed some of the group's concerns separately.
He said there will be no smell or noise because the kennel will be enclosed and the walls insulated.
"It's like going into a doctor's office," he said. "There is no smell. There will be no smell."
Harakal added the society is governed by state regulations concerning issues such as odor, and is subject to inspections by state officials.
"If he ever finds anything, this place would be closed," Harakal said of an inspector.
Rev. Sanders also said Harakal's plan to sell or donate the land to the society represents a "conflict of interest" because Harakal is president of the society board.
Harakal disagreed, saying his land offer addresses a specific problem the society had in finding a site.
"No one else wanted to help them out," he said. "They've been looking for land for more than a year."
Harakal added he and the board have not specifically discussed whether he will donate or sell the land.
"If they want to give me something for it down the road, that's fine," he said. "I'm not pressuring anyone for it. We need a building."
Harakal said he called the Rev. Keith Banks, co-pastor of Pentecostal House of Prayer, about 1è weeks ago offering to have him sit with the society board and talk about the problems.
"He never contacted us back," Harakal said. "We're willing to talk to anyone."
Harakal said he thinks the building will be good for the town, and the animals.
"The animals are suffering," he said. "We can't give them the attention that they need to be given."
City solicitor Steven Mirizio said, even though council appoints members of the zoning board, council and the board are independent of each other.
Council cannot reverse a zoning board decision, he said. Anyone opposed to a zoning board decision must file an appeal with Mercer County Common Pleas Court within 30 days of the decision.
The society asked for a zoning variance from the board after zoning officer Mark Yerskey determined city law does not specifically address kennels.
The zoning hearing board holds hearings where the petitioner presents his case and anyone is invited to support or oppose the proposal.
The hearing was held Sept. 20. No one spoke against the proposal, Yerskey said.
The measure was approved by hearing board members Daniel Styduhar and Joseph Fordeley, while John Brown said he voted against it after the board declined to continue the meeting for public input.
While some council members said they would ask the society to look at other locations, the Rev. Ralph T. Newell, pastor of Jesus' Church -- Faith Christian Center Ministries, said there is not enough time to look for a new location, and suggested ministers meet this week to discuss an appeal.
Some council members said the negative publicity might make the appeal unnecessary.
"I think this issue will be dead as of tomorrow morning," said Councilman Louis Falconi.