A request for permission to park a tractor trailer in a residential area has been denied by the Salisbury Township Zoning Hearing Board.

After an approximate 25-minute discussion Feb. 4, the zoning board voted 4-1 to deny an appeal for a variance by Carl Harford to park his semi-tractor trailer on a property adjacent to his residence, 3360 Devonshire Road.

Section 604.2.C of the township zoning ordinance prohibits the storage of commercial vehicles such as tractor trailers in a residential area. The area in question is in the township R-4 Medium Density Residential Zoning District.

The appeal was denied even though the owner of the property at 3350 Devonshire Road, allowed the parking of the truck and flatbed trailer.

The property is located approximately across the street from Western Salisbury Elementary School, 3201 Devonshire Road; Western Salisbury Middle School, 3301 Devonshire Road, and near the 32-acre Devonshire Apartments, 1641 SW 33rd St.

A representative of Jerusalem Western Salisbury Church, 3441 Devonshire Road, voiced concern about the parking of the truck.

Because Harford does not own the property where he parked the truck, the property owner, Dominic Giles, was asked by Atty. Victor F. Cavacini, of Gross McGinley LLP, zoning board solicitor, to attach himself to Harford's request for a variance. Giles agreed to do so.

Harford said he's a licensed independent operator who owns the tractor and trailer. "It's my business. I'm not driving someone else's truck." The flatbed trailer was empty when he parked it on the property's driveway.

Harford said he works a night shift, 7 p.m. to 9 a.m. He said he's on the road five to six days a week during a productive season.

He idles the truck engine of the 2006 model tractor for about 15 minutes before he departs. The vehicle weights 80,000 pounds.

"It is very quiet. It makes less noise than the garbage truck or school bus. It has no backup alarm. It generates less traffic than the church or school," Harford said.

Harford presented photos to the zoners that purported to show how his vehicle was not visible from Devonshire Road.

"Coming down this road from my property, you can't even see the truck," Harford said, who parked it on a shared driveway between his house and a barn on Giles' property.

"I guess a couple of people from the apartments could see it out of their windows," Harford said.

Harford said the truck was parked about 20 feet from Devonshire Road. The driveway is 120-feet long. The tractor-trailer is about 65-feet long.

Harford said he started his truck driving business because of "the bad economy and low-paying jobs."

He said he would have to pay about $120 monthly to park his truck and trailer elsewhere and drive to it to use it.

Harford had a letter from Giles for permission to use the driveway to park his truck.

"I would like you guys to give an exception," Giles said of Harford's appeal. "Honestly, we're great neighbors. It's irrelevant to who owns the driveway."

Giles, who operates "Devil's Folly Haunted Barn" on the property during Halloween season, said of the neighborhood, "It is a very eclectic makeup of residences, churches and schools."

Cavacini, reading from the ordinance, said a commercial vehicle cannot be parked in a residential district for more than eight hours during a 24-hour period. Also, the vehicle engine cannot idle for more than 10 minutes.

Paul Margargal, consistory vice president, United Church of Christ, Jerusalem Western Salisbury Church, said, "We want to be good neighbors. Our only concern is that [where] this truck is parked does it open up to other people?"

"Each case is decided on its own merits," said James Kelley, chair, zoning board.

Concerning Harford's appeal, Zoner Edward Hare said, "I have mixed feelings. If you grant a variance, there is a precedent."

"Where it's [the tractor trailer] parked now, it doesn't stick out. It doesn't seem to be obtrusive," Kelley said.

"It's hard to see where this hurts anybody," Hare said.

"If this barn was a house, it could be a problem," Kelley said.

"The barn could be a house," Hare said.

"Our ordinance doesn't give you the right to grant a temporary variance," Cavacini said. "There's no hardship."

"You don't grant a variance for convenience," Hare said.

"There's no other residents here and they were given notice," Kelley observed of the Feb. 4 hearing, adding Salisbury School District officials weren't present, either, nor did they object to the parking of the truck.

"At the end of the day, it doesn't meet the test of a variance," Hare said.

Zoner Rodney Conn made the motion to deny the variance request, with zoner Jason Wright seconding it. Wright voted against denying the variance.