This Time, Buschenschank On Court Street Is Definitely Closed

(Credit: yelp.com)

Buschenschank, the Tyrolean Bistro Pub at 320 Court Street in Carroll Gardens, recently closed its doors for good. This should not come as much of a surprise to many in the neighborhood.

The owner of the eatery, James McGown, who was also the proprietor of the eatery, has had quite a few problems in the last few years. Most, it would seem, were of his own making.

As it was widely reported, McGown has declared bankruptcy seven times since 2009. Last year, in an effort to hold on his real estate investments, he hosted an auction of several of his properties in Brooklyn. But the buildings failed to fetch the prices McGown had in mind, so he cancelled the potential sales.  Finally, this past September, Auction Advisors was appointed to auction off the properties as part of foreclosure proceedings. During a street-side auction, 320 Court Street fetched $4.95 million. The buyer, according to Crain's New York was Seth Weissman, "a 33-year-old real estate investor who owns about a dozen properties in Brooklyn and Harlem."

The closing of Buschenschank was therefore just a matter of time. Since it opened in 2011, the gastro-pub was a rather terrible neighbor to those living nearby. It had amassed an impressive amount of noise complaints. The NYC Building's Department also issued quite a few violations. Then there was the matter concerning the establishment's illegal basement music venue which features a full bar, but violated occupancy laws and are codes. In 2014, a fire broke out in the basement, and though it was quickly put out and happened during the day, it illustrated the potential danger.

The place was such a problem that Community Board 6 recommended to the N.Y. State Liquor Authority to not renew its liquor license, which the Board rarely does. (Unfortunately, the SLA had already renewed the license before CB6 could make a recommendation.)

In short, Buschenschank was a shady business and its owner was all too willing to push the envelope. Hopefully, the new owner will find a worthier commercial tenant to take over the space.

Are you glad to see Buschenschank go, or will you miss it? We would love to hear your thoughts.

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The Buschenschank Building At 320 Court Street Back On Market With Suggestion To Turn Into 1-Family

Listing for 320 Court Street on Trulia

Listing on Zillow

Exactly a year ago, restaurateur James McGown, tried to sell off  several of his Brooklyn properties at a "pre-foreclosure" auction held at the  Brooklyn Marriott Hotel.

The move did not come as a surprise. McGown,  whose questionable business practices, string of bankruptcy filings and dilapidated buildings, had been forced to close several of his other eateries, including Goldenrod, in the former PJ Hanley space.

Included in the March 2015 auction was the three-story brick corner property at 320 Court Street, which houses McGown's Buschenschank, a "farmhouse style tavern inspired by the Alto-Adige region in Italy" and the Ratskeller, an illegal private events space in the basement.

The estimated value of the building, according to the offering, was $9.4 million. The description stated that the storefront was owner-occupied and would be delivered vacant.

However, the auction did not go as planned and several properties failed to get any offers.
320 Court Street only received one bid for $3.8 million. McGown, obviously disappointed, released a statement saying that he was "reconsidering the sale process."

Now, twelve months later, the "Bankruptcy Baron" as he has been called in the press, has obviously come up with a new approach.  He is offering the Buschenschank building for the slightly reduced price of $7,200,000.  

A PMFA reader sent us the link to the listing on Zillow just yesterday. 

Strangely, the listing suggests turning the 6,000sqft 4 bedroom, 4 bath building into "a one family home." 

"It seems like a weird suggestion for that building," wrote the reader.  

I agree, especially since the second floor has also been used as commercial space and currently houses Lift, which offers floatation pods for restricted environmental stimulation therapy. 

Do you think McGown will get his asking price this time?  How about the idea of turning the building into a one family home?

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Lift Sensory Deprivation And Floatation Therapy Center Now Open Above Buschenschank On Court Street

picture courtesy of www.liftfloats.com

picture courtesy of www.liftfloats.com

A blackboard in front of Lift, the newly opened sensory deprivation and  floatation therapy center at  320 Court Street asks: "Aren't you curious?"
Well yes, we are. Many in the neighborhood had been having fun guessing what the giant bathtubs that were delivered to the address  back in February were for.

According to its web site,  Lift's owners "believe that having somewhere to relax—a refuge to escape from it all—is key to staying grounded. That's why we've put so much care into Lift. Having experienced the inner stillness, bursts of insight and relief from pain that floating can bring, we're passionate about making this practice more widely available."

The price for a single float is $99. Lift offers a 'first time' 3 float package for $199.  Monthly plans are also available.
The water in the tubs is heated to body temperature and Epsom salt is added.  It gets recirculated three times and treated between 'floaters.'

One must wonder if placing this haven of silence right above one of the loudest bars in the neighborhood was the best move.  What do you think?
Have you been yet? Are you planning on going?

***UPDATE***
PMFA just received an email from David Leventhal of Lift.  He and his partner Gina  write:
"Call us crazy for locating above a loud bar, but honestly the only noise that occasionally may disturb people floating is the sound of our clients loudly and excitedly discussing their experiences with us. We hired a prominent acoustical engineering firm to design and help us implement soundproofing techniques which isolate us from the sounds emanating from below."

THanks for the information, David and Gina.

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James McGown's Pre-Foreclosure Real Estate Auction Of Several Properties In The Neighborhood "Did Not Go As Well As Planned"

320 Court Street in Carroll Gardens

I received several reports regarding restaurateur James McGown's pre-forclosure auction of several properties in Carroll Gardens and Gowanus, which was held this past Friday. March 27th, at the
Brooklyn Marriott Hotel.

According to one source, about 80 people attended the auction, which was conducted by East River Mortgage Corp., a defunct corporation owned by McGown, which filed for Chapter 11 in 2012.

Among the properties up for auction was 320 Court Street, the building currently housing the gastro-pub Buschenschank, an illegal private events space in the basement, and soon, a floatation therapy business on the second floor.
Though McGown had valued the building at $9.4 million, it was 'only' bid up to $3.8 million at Friday's auction.

Another source reported that several of the lots being auctioned off didn’t get any offers, "so the auctioneer said he’d come back to them at the end. Others were going for $1.2 million to - $1.5 million."

The long neglected buildings at 555 Union Street and 557 Union Street, received bids from the same buyer for $1.2 million each.

Obviously, McGown was disappointed with the results. Shortly after Friday's auction, he made the following announcement via email:
The auction did not go as well as planned. Several properties did not have offers sufficient to cover lien amounts so we could not accept them. Other bidders failed to produce down payment checks after bidding on the properties. As a result we are reconsidering the sale process.
We are currently offering the following properties for sale:
1511 Pacific St for $160,000 or best offer.
557 Union Street--$2M
555 Union St--$2M

The term of sale for the properties stipulated that the owner reserves the right to cancel any of the sales, so he does not need to accept any of the bids.

None of this probably comes as a surprise to those who have had dealings with McGown in the past. After all, he has become notorious for his questionable business practices, string of bankruptcy filings, and dilapidated buildings, which has earned him the nickname "bankruptcy baron" in the press.

It will be interesting to see what happens next.

555 Union Street and 557 Union Street in Gowanus were offered at the auction,
but the bid was not accepted.

(photo credit: www.google.com/maps)

 

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Giant Bathtub Mystery Solved: "Float Ventures, LLC" To Occupy Space Above Buschenschank on Court Street

The second floor of 320 Court Street will soon be providing floatation therapy.

One of the enormous tubs that were delivered to 320 Court Street in February

A few weeks ago, PMFA readers had a bit of fun trying to guess what business was moving above Buschenschank, James McGown's Tyrolian gastro-pub at 320 Court Street after a reader had taken photos of several enormous tubs which were being delivered to the address.
Some readers though they were birthing tubs, some others thought they were for swinger parties.
Those who guessed that they were floating tanks seem to have been correct.

Someone just forwarded me a copy of a the-year commercial lease agreement that was signed back in October 2013 between James McGown's Brooklyn Renaissance, LLC and Float Ventures, LLC., a business which will be offering floatation therapy.

Strangely, the agreement states that the landlord acknowledges that Float Ventures, LLC. "is reliant upon a lack of noise" and that he will "shall undertake reasonable efforts to ensure that the other tenants of 320 Court Street utilize their respective premises to minimize disruption to the Business due to sound."
That may be a bit difficult considering that there is a loud pub directly underneath the floating tanks.

James McGown is auctioning off 320 Court Street together with some of his other Brooklyn properties at a pre-foreclosure" auction, which will be held at the Brooklyn Marriott Hotel today, March 27th, 2015  at 10 AM. 

A description of the 320 Court Street building estimates its value at $9.4 million. It states that the storefront is owner-occupied and will be delivered vacant, so perhaps the noise emanating from  Buschenschank.

According to a source, Float Ventures is putting the finishing touches on the second floor space and plans to open soon.

Meanwhile, a PMFA reader sent along the photos above of the second floor of the building bathed in black light.   He writes:
 "They’ve built out three interior private rooms, and the door was open to one of them- someone was working in there. There’s some weird shape in the room but for the life of me, I couldn’t even really figure what shape it was. I imagine it’s something that goes over one of those big tubs. Combine that with the black light, and it seems a little weird."

For fun, the reader also sent along a clip of the classic Altered States, Ken Russell's film featuring LSD and sensory deprivation tanks.

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Buschenschank Owner Offering Court Street Building and Several Of His Other Properties At “Pre-Foreclosure" Auction

Restaurateur James McGown, whose questionable business practices, string of bankruptcy filings and dilapidated buildings, have drawn quite bit of attention in the past, is closing his Tyrolian gastro-pub, Buschenschank, at 320 Court Street.

This follows the closing of several of his other eateries, including Goldenrod, in the former PJ Hanley space.

Obviously, McGown seems to have a penchant for pushing the envelope. In the case of Buschenschank, noise complaints, Buildings Department violations and illegal use of the basement as a music venue prompted Community Board 6 to disapprove a renewal of its liquor license back in 2014.

McGown's apparent financial problems  are now prompting him to put the 320 Court Street building as well as several other properties in and around Carroll Gardens, up for sale in a “pre-foreclosure" auction which will be held at the Brooklyn Marriott Hotel on March 27th, 2015 10 AM. The auction is conducted by East River Mortgage Corp.

A description of the 320 Court Street building estimates its value at $9.4 million. It states that the storefront is owner-occupied and will be delivered vacant.

A PMFA reader sent me a copy of the "Terms of Sale" for the properties and notes that they are particularly interesting.  The reader noted:

"I’ve been told that no one in his/her right mind would bid under such conditions.his “terms of sale” are that the “time is of the essence” clause applies only to the buyer, which as I understand it, means he can put of the sale as long as he likes (meanwhile holding on to the deposit!), and that he reserves the right to cancel any sale, which I think means that after the auction he can decide which properties he wants to close on and which he'll keep, using the money from the others to pay off his debts, “renovate", etc. All of which seems to me typical of the way he conducts business, and woe to any buyer who gets ensnared!"


Below please fine the terms of sale for the properties:

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What The Heck Is Going In Above Buschenschank On Court Street?

I received the following email and photos taken in front of  Buschenschank, the pseudo-Tyrolian pub at 320 Smith Street from reader J. last night:

"I was walking by this corner at Buschenshank today and saw a few of these monster tubs being delivered upstairs. I had to stop just to figure out what it was!
They were enormous! About the equivalent of 4 regular bathtubs each and it looked like they all had tops/covers as well. There were 3 on the sidewalk that hadn't been brought up yet. What the heck is going in up there? It creeps me out a bit given the history of this owner."

The building housing Buschenschank has indeed had a troubling history. Besides the noise complaints against the bar itself, there is the matter with the establishment's illegal basement music venue. and the many violations issued by the NYC Buildings Department in regards to illegal work done on the upper two floors of the building.
And then, of course, much has been written about owner/restaurateur James McGown's questionable business practices, string of bankruptcy filings, and dilapidated buildings.

A quick check on the DoB site indicates that there are still several outstanding violations on 320 Court Street which include a violation to 'certify correction of Class 1 Violation'.

So, indeed, one has to wonder what is planned for the two upper floors.  Surely, those bathtubs are a bit too massive for regular apartments.

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Members Of Community Board 6's Permits And Licenses Committee Unanimously Vote To Disapprove Renewal Of Buschenschank's Liquor License

At last night's meeting of  Community Board 6's Permits And Licenses Committee

Buschenschank's Assistant Manager

Since Buschenschank, the pseudo-Tyrolian pub at 320 Court Street opened its doors, there have been numerous complaints against the establishment. From 2010 to 2014, 82 complaints have been made to 311. 45 of those have been noise complaints.

Noise Complaints were not the only problem.  There is also a question related to legal occupancy. The establishment most certainly should have applied for a Place Of Assembly Permit since they routinely have more than 75 people inside the pub. (The 75 include staff).  In recent months, the NYC Building's Department has issued quite a few violations and a partial vacate order for the building housing the bar.  Then there is the matter with the establishment's illegal basement music venue which features a full bar. Just two weeks ago, a fire broke out in the basement, and though it was during the day and was quickly put out, it illustrated what could have happened if the fire had started at night.

Buschenschank's State Liquor Authority License is due for renewal on March 31st, 2014. 

Since there have been so many problems with the establishment,  Community Board 6's Permits And Licences Committee asked representatives of the business to appear in front of the committee rather than to approve the license automatically.  The item was on the Committee's agenda last night.

Instead of appearing in person, Buschenschank's owner, ,James McGown, sent Buschenschank's assistant manager.  Not only was the manager unable to answer the simplest questions about the business, she was unable to present the committee with the necessary paperwork required by CB6 for a renewal.  Nor was she able to show proof that the establishment had notified its neighbors about the renewal.

It did not take members of the Committee very long to vote to disapprove Buschenschank's license renewal on the grounds that the establishment had failed to produce the necessary paperwork related to an application, had amassed over 80 complaints through the 311 system, had a prior history of refusing the Board's recommendation in regards to open windows and loud music, had an illegal, unlicensed bar in the basement, and had unresolved violations with the Department Of Buildings. 

In addition, "the applicant had been deceitful and negligent" and had shown indifference to the board as well as to its neighbors.

The vote against a renewal was unanimous. 

Though Community Board 6's role related to liquor licenses is strictly advisory, Gary Reilly, Chair of the Permits And Licenses Committee, seemed confident that the  N.Y. State Liquor Authority (SLA) would follow the Board's recommendation.  The SLA had been supportive previously, when CB6 voted to deny Buschenschank   a sidewalk café license for many of the same reasons cited last night. 

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Early Fire At Buschenschank On Court Street Forershadowed By A Tweet?

Photo credit: Liza Kindred

This morning at around 6:30 am, a fire broke out at Buschenschank, at 320 Court Street. It was quickly subdued, though Court Street was still blocked at Sackett Street at around 7:30 Am.
According to reader Simon van Kempen, who alerted me to the incident, the fire may have broken out in Buschenschank's basement, since there was visible damage on the ground floor.
To insure that the fire hadn't spread, firemen also had to break through the the door of Scotto's, the neighboring wine store.

Reader Liza Kindred wrote this account of the fire:
"I thought your readers might be interested to see these pictures–it doesn't seem like anyone was hurt, thank goodness. We were woken up this morning to a lot of sirens, and it quickly became obvious that the building that Brooklyn Buschenschank is in (320 Court Street) was on fire. There was black smoke coming out of the restaurant, and firefighters inside and on the roof. There were a couple of children on the sidewalk that seemed to have been evacuated from the building. We also saw the firefighters breaking the door into Scotto's Wine Cellar next door–how sad to see them going through the window celebrating Scotto's 80 years in business!
Glad to see no one seemed hurt, but sorry to see all the damage."

Both Liza and Simon pointed to yesterday's tweet on Buschenschank's Twitter account:
"The fire is on and lunch and brunch are being served till 4pm..... Then happy hour starts at 4 till 8 $5."
How coincidental is that?

Yesterday's ominous tweet on Buschenschank's twitter account

Thankfully, the fire did not start during the evening hours, when Buschenschank can be packed. Previously, I have written about the establishment's illegal basement music venue and about the illegal work on the building. And then, of course, much has been written about owner/restaurateur James McGown's questionable business practices, string of bankruptcy filings, and dilapidated buildings.

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