Sep. 5--Erie Renewable Energy LLC now has 30 days to appeal a decision that rescinds the city of Erie's preliminary zoning approval of the company's proposed scrap-tires-to-energy plant.

The city's Zoning Hearing Board on July 22 voted 4-1 in favor of Robert Petroff's appeal of the preliminary approval.

The 30-day appeal deadline was triggered Thursday when Sumner Nichols, the board's solicitor, issued written findings of facts and conclusions of the decision.

Joseph J. May, a lawyer representing Erie Renewable Energy, said Thursday the company has made no decision whether to appeal.

He said he will be consulting with Clifford Levine, a Pittsburgh lawyer who represented ERE at the July 22 hearing.

"We have several things we can do," May said. "We wanted to see this (written decision) so we could discuss those."

The issue at the hearing was whether the plant's two boilers, each as high as 165 feet, quality as "appurtenances" under city zoning regulations. The regulations define an appurtenance as a structure annexed to a more substantial building, such as a chimney on a house.

Petroff argued that the boilers were not appurtenances but separate structures from the plant's main building. Under city regulations, separate structures cannot be more than 100 feet high.

May said the company's options include an appeal to Erie County Court; a revision to plans so the boilers would be 100 feet or less; or a request for a variance from the 100-foot height limit.

ERE is planning to build a $300 million tire-fueled power plant on the former International Paper Co. site on East Lake Road.

A local group, Keep Erie's Environment Protected, has opposed the project, saying it poses health risks to neighbors.

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