Pentecostal House of Prayer has appealed the Farrell Zoning Hearing Board's decision to allow the Humane Society of Mercer County to build an office, indoor kennel and retail store at the northeast corner of Roemer Boulevard and Fruit Avenue.

The appeal, filed Friday by lawyer Ronald D. Amrhein Jr., challenges the board's Sept. 20 decision to grant a variance allowing construction in the commercial zone, and asks a Mercer County Common Pleas Court judge to reverse it and dismiss the society's application for a variance.

The congregation, led by married co-pastors the Revs. Keith and Letitia Banks, said the decision adversely affects the church at 725 Fruit Ave.

The congregation claims the church is one lot away from the disputed site. City zoning officer Mark Yerskey said the church is about 200 feet away.

While protesters at an Oct. 7 Farrell council meeting complained of the potential noise and odor from the kennel, the appeal makes no explicit mention of how the building would affect the church.

According to the appeal, the Sept. 20 hearing was not posted or was improperly posted, the board's decision was not supported by evidence, and the board failed both to follow the law and to determine that the building would not adversely affect the health, morals, safety and general welfare of the community.

The board voted 2-1 to grant the variance, with Daniel Styduhar and Joseph Fordeley voting to grant it and John Brown opposing it.

Styduhar and Fordeley declined to comment on the appeal.

Brown, who appeared at the Farrell council meeting in which dozens of people protested the board's decision, said Tuesday he is glad the congregation appealed.

"I think they got a case," he said. "I support them."

Brown said he is not against the society building in town, but doesn't want it at that site.

"I don't think that's the proper place for them to be," he said.

Yerskey said he followed the city's zoning ordinance in posting the zoning hearing.

"I follow that religiously," he said. "We feel we adequately met the requirements."

Yerskey said he is required to post notices of the hearing on the property seven days ahead of time, and he did that eight days prior, affixing notices to three poles on the vacant lot.

Legal notices announcing the hearing and its purpose were published in The Herald Sept. 6 and 13.

Society President Richard Harakal, who owns the Roemer and Fruit property, said he had no comment on the appeal. He said the society is not a party to the proceedings.

"It's between them and the zoning board," he said.

Harakal said the society has been looking at other potential sites, but the ones being offered are too expensive.

"This is probably the favorite site because of the location," he said of Roemer and Fruit.

Harakal said he's not sure if the society board will be willing to wait until the appeal works through the court system to build at the disputed site.

"Naturally, we'd like a building as soon as we can," he said. "I don't know what's going to transpire. We'll just play it by ear."

As of Tuesday, the appeal had not been assigned to a Mercer County Common Pleas Court judge and no hearings were set.

You can e-mail Herald Staff Writer Joe Pinchot at jpinchot@sharonherald.com