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

Ian Lenahan, Portsmouth Herald
Updated ·4 min read

KITTERY, Maine — A developer has a purchase and sale agreement for Warren’s Lobster House and is seeking approval to turn the iconic restaurant into eight residential condominiums and a 20-slip marina.

Kittery Planning Board documents outline applicant Green & Company Real Estate's proposal to acquire the 9-13 Water Street property where the 350-seat restaurant is located. A duplex residence is also located on the property, as is the Chrissy D. Lobster Company.

The Portsmouth Naval Shipyard is seen across the river from the well loved Warren's Loster House in Kittery Aug. 11, 2023. The Cunningham family is considering selling Warren’s and the entire property after being approached by the potential buyer in the spring.
The Portsmouth Naval Shipyard is seen across the river from the well loved Warren's Loster House in Kittery Aug. 11, 2023. The Cunningham family is considering selling Warren’s and the entire property after being approached by the potential buyer in the spring.

The Planning Board held its first review of the proposal Thursday.

Longtime property owner Scott Cunningham confirmed his family is considering selling Warren’s and the entire property after being approached by the potential buyer in the spring. A sale of the property, however, depends on the outcome of the Planning Board process.

The restaurant will remain open for the foreseeable future as the development review process takes place, Cunningham said.

'We are getting older'

Scott and Claudia Cunningham are seen in a 2015 Foster's Daily Democrat file photo that accompanied a story on the Cunningham's earning a Lifetime Achievement Award from the Maine Restaurant Association.
Scott and Claudia Cunningham are seen in a 2015 Foster's Daily Democrat file photo that accompanied a story on the Cunningham's earning a Lifetime Achievement Award from the Maine Restaurant Association.

“Both myself and my wife, who are the primary shareholders, are getting older,” Cunningham said. “Our second generation running the operation, being my son and daughter, are also aging. The restaurant business has changed dramatically from what it was prior to COVID-19. It’s gotten much more difficult, and we felt that when we were approached with the offer, it was time to take a look at it and see what the viability of selling it was.”

Cunningham owns the restaurant with his wife, Claudia, in addition to their son, Brad Cunningham, and daughter, Colleen MacDonald. The Cunninghams purchased the business with a partner in 1984, though the family has owned it outright since 2006.

Green & Company Real Estate will be represented by John Chagnon of Ambit Engineering/ Haley Ward, and 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.

A proposal going before the Kittery Planning Board reveals Warren's Lobster House, established in 1940 on Water Street, may be sold and redeveloped into condominiums and a 20-slip marina, pending the board's approval and a sale of the property.
A proposal going before the Kittery Planning Board reveals Warren's Lobster House, established in 1940 on Water Street, may be sold and redeveloped into condominiums and a 20-slip marina, pending the board's approval and a sale of the property.

The developer argues the restaurant itself is already a non-conforming use and the proposed condominiums and marina would simply change one non-conforming use to another, which the town is allowed to approve.

“(Town code) states that ‘an existing nonconforming use may be changed to another nonconforming use with the approval of the Planning Board' within Shoreland or Resource Protection Overlay Zones,” the developer states in documents filed with the Planning Board. “This authorizes the board to approve the non-conforming restaurant use to be changed to a non-conforming residential use.”

Chrissy D Lobster Company is part of the 9-13 Water Street property which also contains Warren's Lobster House in Kittery.
Chrissy D Lobster Company is part of the 9-13 Water Street property which also contains Warren's Lobster House in Kittery.

“The applicant is considering whether to purchase the property for this purpose,” the project description continues. “The principal question before the board is whether expansion and relocation of a non-conforming use is supported along with a reduction in the non-conformity of structures and impervious surfaces on the site…”

Plans state the eight condominium units will be listed for ownership. The right to lease eight of the marina slips would be assigned to the individual owners of the condominiums, though the rest may be available to the general public.

The restaurant dates back to 1940 when Warren “Pete” Wurm opened the then six-stool lobster stand.

Warren’s reopened to the public in February of this year after closing for over a month due to a pre-Christmas 2022 storm that flooded the restaurant with four to six inches of water, leading to all carpeting, hardwood, subflooring and drywall being replaced.

More: Warren's Lobster House reopening after storm damage: 'More water than we’ve ever seen'

The proposal’s first appearance before the town Planning Board this week was the first in a lengthy process before the body. Even if the deal comes to pass and the town signs off on the proposal, Warren’s would not be closing for some time, Cunningham said.

Cunningham predicted it could be at least a year before anything happens to the waterfront eatery and its landmark lobster sign above U.S. Route 1 and Water Street, which reads: “The Seacoast’s Finest Salad Bar.”

A narrative for the project filed with the town planning department notes the business’ sign and the garage on the lot would also be removed as part of the potential project.

The Portsmouth Naval Shipyard is seen across the river from the well loved Warren's Loster House in Kittery Aug. 11, 2023. The Cunningham family is considering selling Warren’s and the entire property after being approached by the potential buyer in the spring.
The Portsmouth Naval Shipyard is seen across the river from the well loved Warren's Loster House in Kittery Aug. 11, 2023. The Cunningham family is considering selling Warren’s and the entire property after being approached by the potential buyer in the spring.

“We realize that should it come to pass, it’s going to be hard for us, as well as hard for other folks. After all, Warren’s has been in existence for 80-plus years,” Cunningham stated. “As I said, the restaurant business has changed dramatically and when we were approached with the possibility, we felt it really was time to look at this and time for the current management to possibly move on and move to another chapter in our lives. We understand that it’s a lot of history and it’s not going to be an easy thing to walk away from.”

The 9 Water Street site where the restaurant, built in 1955, is located was last appraised by the town at $2,015,600, town property records show. The entire Water Street area involved in the proposal sits in the town’s Mixed-Use Kittery Foreside zoning district.

Related story: Chauncey Creek Lobster Pier owner retiring. Iconic spot to be listed for $3.9 million.

This article originally appeared on Portsmouth Herald: Warren's Lobster House in Kittery faces demolition for condos, marina