Rambaut Lake: Background, Today's Problem

The 7.5-acre Rambaut Lake has been enjoyed for decades as a quiet hideaway perfect for recreation as well as peaceful relaxation, with a long history of usage by nearby neighbors off Wyckoff Avenue as well as the greater community. 

That history could be just that—a thing of the past—unless a solution is reached soon concerning state-mandated dam repairs that the current overseers cannot pay for. Furthermore, ownership of the lake is in doubt after a series of legal proceedings.

Lake characteristics

Rambaut Lake is publicly accessible off West Shore Drive, with more than 20 homes nestled on its banks. Residents use the lake for passive and active recreation, with kayaking, fishing and ice skating commonplace. Homes' backyards overlook Rambaut, providing a bucolic setting for those nestled in suburbia.

The lake is home to various wildlife, including otters, ducks, geese, deer, turkeys and more. Different varieties of birds can be found, as can fish, clams and turtles.

The lake also is supported by a more than 100-foot steel and concrete dam that is the source of the residents' current problems.

Legal history

The community's involvement in the lake dates to the 1950s, when more than 100 homes were built in the lake area, known as Allison Acres. According to Ray Wiss, legal counsel retained by the township, Allison Acres homeowners should have constituted a lakefront association that was supposed to contribute to the upkeep of the lake and dam, owned by a corporation known as Beekmere.

However, the legalities of the arrangement appear to have been flawed from the start, Wiss said. Initial deeds to Allison Acres' homeowners did not establish ownership rights to the lake or obligations to contribute to its care. Additionally, residents did not receive stock certificates reflecting their supposed stake. "This situation was only compounded over the years when homes within Allison Acres were transferred from one owner to the next, as a result of which subsequent purchasers may have had no idea that their home was ever intended to be a part of a lakefront community," Wiss said Wednesday.

Beekmere Inc., the entity with supposed rights to the property, has had legal trouble dating back to the 1970s. A suit in 1971 established that homeowners could not be forced to contribute to a lakefront association, with the court also finding that a formula never existed to determine which homeowner would pay what share toward upkeep.

Beekmere also had its charter revoked in 1986 and continues to this day as a defunct, de facto corporate entity. The 20 to 30 homeowners who constitute what could be referred to as Beekmere have continued to maintain the lake although they have little to no legal standing. Families voluntarily contribute $750 per year to pay for property taxes, insurance, dam work and water treatment.

Most recently, those residents constituting Beekmere brought a lawsuit against the township and greater Allison Acres community in an attempt to establish a legal, perpetual association that would maintain the lake. Beekmere representatives also have said that the township was named because prior attempts to compel the local government to get involved largely failed. Beekmere also asserted that the township had an obligation to the lake, contending that subdivision approvals in the decades since Allison Acres was established contributed to water runoff into the lake, therefore essentially saddling the township with some liability.

The suit has been dismissed without prejudice, and Beekmere representatives say they will not further pursue litigation now that the township is on board in the search for solutions to current problems. The court has indicated it will appoint a receiver to assess the legal viability of Beekmere.

Dam concerns

The dam has been deteriorating in recent years, and engineering studies mandated by the state Department of Environmental Protection opine that the structure could be breached in the event of a 500-year flood. 

The DEP has ordered repairs or replacement with the threat of breaching the dam itself should action not be taken. Such an action would effectively drain the lake, leaving nearby homeowners with a "swamp" or "muddy bog," in the words of several who spoke at a public meeting Wednesday.

The Beekmere representatives don't have the money for repairs, which could cost $650,000 to $1.25 million. Furthermore, without legal standing, the defunct corporation could not get a loan if it wanted to.

Two warning letters have been sent by the DEP, prompting Wednesday's public meeting to search for potential solutions to the quandary.