Residents from Upper Milford, Lower Macungie, Emmaus and other local areas packed the Upper Milford Township Zoning Hearing Board meeting Aug. 11 to voice their concerns about the sale of the nostalgic “top of the hill” Countryside ice cream shop in Upper Milford.

Jai Raskapur and Isha Patel were seeking a variance to expand their anticipated cigar shop to include a smoking lounge at the 5130 Chestnut St. location. Not one resident spoke in support of the variance sought by prospective buyers Raskapur and Patel.

The property at 5130 Chestnut St. has been an ice cream shop since the 1950s. While ownership of the business changed throughout the decades, Nadine Schmoyer branded it as TG Countryside LLC in 2017. Online reviews note the “charm and old school feel” of the business as well as the excellent hard ice cream, creative soft serve, homemade novelties and ice cream cakes, as well as homemade American hot food cuisine.

Raskapur and Patel purchased the property anticipating growing their business of smoke shops throughout the Lehigh Valley including Quakertown and Stroudsburg locations. They planned to sell cigars, pipes, glass, tobacco products, legalized vaporizers, lottery tickets, soda and candy.

Raskapur and Patel sought a variance arguing their business could not be successful without a cigar lounge or walk-in humidor. They were seeking a 2,000 square foot expansion of the property (which is slated for retail) to make the current ice cream patio into a cigar/smoking lounge overlooking the valley.

Approximately one mile down the road, at the intersection of Chestnut Street and Main Street, you will find Lehigh Mart Tobacco Outlet which sells similar items. Another quarter of a mile into Macungie at the railroad intersection of Race and Main Streets is the E-Z Shoppe Cigarette Outlet.

According to reports, Raskapur and Patel wanted to make this location Lehigh County’s largest walk-in humidor.

Upper Milford Township variance requirements are meant to be used in the rarest of circumstances. Raskapur and Patel had to explain to the zoning hearing board and the numerous residents in attendance that “lacking additional square footage creates a unique hardship.” In addition, “the relief will not result in the alteration of the essential character of the neighborhood or zoning district in which the property is located, substantially or permanently.”

Residents questioned why Raskapur and Patel would choose this specific location for similar products sold a mile down into the town of Macungie or the other direction into Emmaus. One resident described their approach as “a back door to a larger formation in a small-scale district.”

Raskapur described the premium cigar lounge as a “unique feature that will draw customers in” during the winter months.

Countryside had operated seasonally May through October.

Residents also voiced concerns for this business that would operate six days a week 8 a.m. to 8 p.m. and 10 a.m. to 5 p.m. Sundays at an intersection that is extremely busy.

Vera Cruz Fire Chief George DeVault cited traffic concerns at the intersection of two state roads Route 29 and Route 100. There were suggestions perhaps no business would go into this area and the state and/or township could widen the intersection to improve safety.

Social media posts and comments spread like wildfire throughout the local communities about this sale and the future of the business “at the top of the hill.”

Friends for the Protection of Lower Macungie shared posts about the prospective buyers and the variance they were seeking.

Residents from Upper Milford, Lower Macungie, Emmaus and Alburtis organized and encouraged one another to voice their concerns at the Aug. 11 meeting.

At the Aug. 7 Upper Milford Township meeting, Supervisor John Zgura had clarified for residents in attendance the land is commercial and Raskapur and Patel could open their smoke shop at that location. However, Raskapur and Patel wanted to expand the business to change the outdoor ice cream patio into an indoor cigar/smoking lounge. The new owners explained their business could not survive without the lounge.

Former Emmaus Borough Council member and real estate agent Wesley Barrett said he is an active member in the community and understood the frustrations the residents voiced about this specific sale. He described an “emotional connection” local residents have for Countryside as it has always been an ice cream shop. Barrett, who is running for Lower Macungie Township Commissioner, appreciated the residents becoming more involved in what is happening in the community. He continues to encourage residents to attend township and borough meetings and get involved in the community.

Additional posts encouraged residents to get out and support these local, family-owned businesses.

The owners of TG Countryside were anticipating a close on the business for Sept. 5, but so many residents showed up for the meeting that a continuance was scheduled Sept. 8 giving each resident the opportunity to be heard. That meeting will no longer take place, as Raskapur and Patel withdrew their application.

The location at 5130 Chestnut St., located in Upper Milford Township, has been relisted on commercial real estate websites with a new purchase price of $695,000 and listed as in Emmaus Borough. Pete Adams of Berkshire Hathaway is listed as the commercial real estate specialist in charge of the sale of the property. When asked about the future of Countryside, a female identifying herself as one of the owners stated she had “no comment.”