Could Warren's Lobster House open at new location? Owner says 'all options' on the table

KITTERY, Maine — The owners of Warren’s Lobster House have revealed that, even if Green & Company Real Estate opts out of possibly purchasing the restaurant property, the family intends to list the property for sale in the future.

The Cunningham family, the outright owners of Warren’s since 2006, after co-owning the landmark town business with a partner starting in 1984, will not sell the business’ intellectual property or the right to potentially operate it at a different location.

The family’s message to the community came in the wake of news that Green & Company Real Estate had entered into a purchase and sale agreement for the 9-13 Water Street restaurant and property. The developer then filed plans with the town to demolish Warren’s, in addition to a duplex residence and the Chrissy D. Lobster Company on the property, to build eight residential condominiums and a 20-slip marina.

“We plan to continue operating (Warren’s Lobster House) well into 2024, and we hope that all of you will continue to dine with us as often as possible,” the Cunningham family said in a statement. “Should the prospective buyer decide to not move forward it is still our intention to list the property for sale because ultimately it is no longer sustainable to operate and maintain a building located on a pier over the water.”

Warren’s was founded as a six-stool lobster stand in 1940 by Warren “Pete” Wurm at the now-350-seat restaurant’s present location.

The Cunningham family - Scott and Claudia Cunningham and their children, Brad Cunningham and Colleen MacDonald - shared that all options remain on the table, and the restaurant could eventually be opened at a new location.

“We are still considering all options. A very good parallel to future possibilities would be the re-opening of The Golden Egg- a longtime favorite in Portsmouth,” the family’s statement adds. “The Golden Egg reopened recently on Mirona Road, and they are using all of the original recipes that their fans grew to love during their 40 years in operation at their original location.”

Green & Company Real Estate’s 9-13 Water Street proposal got its first review by the Kittery Planning Board on Thursday night. Project documents state the applicant is seeking Planning Board guidance on the feasibility of the proposed housing and marina project, which would require town approval of a non-conforming use.

The Cunningham family’s statement notes that they should have a better sense of Green & Company Real Estate’s plans by early September.

“A great deal of thought and consideration has gone into this decision, and it has been incredibly difficult for many reasons,” the owners wrote.

John Chagnon, vice president and senior project and regional manager of Ambit Engineering | Haley Ward, represented Green & Company Real Estate at Thursday’s meeting.

Each of the eight condominiums proposed, all of which would be listed for ownership, would have a 1,400-square-foot footprint.

The application has raised questions to town staff and board members about the permitted zoning uses at the potential project’s location along the Piscataqua River.

The property is in the town’s Mixed-Use Kittery Foreside zoning district and the Commercial Fisheries/ Maritime Activities Overlay Zone. Town Planner Maxim Zakian reminded the board the overlay zone’s permitted uses are “functionally water-dependent commercial fisheries/ marine activities.”

“Activities are defined in (town code) as: ‘The active use of lands, buildings, wharves, piers, floats, docks or landings with the principal intent of such activity being the production of income by an individual or legal business entity through the operation of a vessel(s). This activity may be either a principal or accessory use as herein defined,’” the town noted on project documents. “The existing (and proposed) residential and restaurant uses of the property are therefore non-conforming uses.”

Town code, however, notes that existing non-conforming uses can be changed to other non-conforming uses with approval from the Planning Board.

One question raised by town staff and board members is whether the proposed marina is an approved use in that specific overlay zone.

“Code Enforcement staff opined that a marina does not meet the definition of a ‘functionally water-dependent commercial fisheries/ marine activities uses’ because the production of income for a marina would come from leasing slips instead of through operation of vessels… Planning staff believe that this is not entirely clear or certain,” the town’s review of the project proposal states.

“I would be very sad to see a part of the commercial fishery use go away because (parked boats are) not quite the same thing as the long history of our Seacoast having actual commercial fisheries and fishermen,” said the board’s vice chairperson Karen Kalmar.

Questions were also raised about minimum setback requirements, whether the Chrissy D. Lobster Company is an allowed use within the overlay zone, and whether the proposal is in line with both town and state provisions on shoreland zoning.

Jason Garnham, the town's director of planning and development, concluded that he believes the Chrissy D. Lobster Company is a permitted use on the site, though noted it was his interpretation of town code.

“I think that a conversion of a conforming use to a non-conforming use is something that is very strongly discouraged by the provisions… I think it’s clear that when you’re just looking at footprints, the structures that are being proposed by the applicant clearly are more conforming than what is there today,” he said. “However, I do believe the language in those provisions for non-conforming structures comply with the minimum setbacks to the greatest feasible extent or whatever exact terminology is in there.”

The majority of the board agreed to accept the site sketch plan as complete and advance the application.

The board voted 5-1 to move the proposal along, with member Earldean Wells voting against it. Board chairperson Dutch Dunkelberger was absent from the meeting.

A stamp of approval from the Kittery Port Authority is required for the proposed marina, boat slips, wharf, and docks, according to the town.

More: Warren's Lobster House, an iconic restaurant in Kittery, Maine, eyed for condos and marina

This article originally appeared on Portsmouth Herald: Warren's Lobster House site to be sold no matter what, owner says