A Harvard lecturer and her husband have filed suit against the University and the Cambridge Board of Zoning Appeal claiming that the expansion of Harvard's Biological Laboratories (biolabs) at 16 Divinity Avenue was illegal.

Maila Walter, a lecturer in the History of Science, and her husband, Edward Walter, allege that Harvard's $2.4 million expansion project should not have been approved by the city because the new building does not meet the prerequisites established by the zoning board.

The building, they claim, creates additional noise and violates city regulations for height increases.

"It vibrates my house," Walter said in an interview yesterday. "No matter where I go in the house it's there. There's different noise at night."

The suit also claims that Harvard tried to conceal the height increase of the new structure in order to get the expansion approved by the zoning board.

The Walters say they been concerned about increases in the noise level created by the new biolabs ever since they were completed last year.

In a November 1993 letter to Margaret H. Marshall, Harvard's Vice President and General, Counsel, Maila Walter wrote, "Ever since the construction of a large greenhouse on the roof of the building I have been subjected to a relentless stream of noise coming from the fans at the biology labs."

Zoning Board Decision

On December 31, 1992, the city zoning board unanimously approved Harvard's petition for a special permit to replace the approximately 5,000 square foot greenhouse area on the roof of the building with research space and to add 3,100 more feet for a new greenhouse.

Since the president biolabs building does not conform to the city's zoning ordinance--and is considered a "non-conforming structure"-- the board's 1992 approval of the expansion was based on a set of prerequisites: the expansion should not create additional traffic, neighbors should not be adversely affected and occupants of the new structure should not endangered.

In addition, the expansion could not impair the integrity of the existing district and the extension of the nonconforming structure could not be "subtantially more detrimental" than the existing structure, according to the board's approval.

After the completion of the project, the Walters appealed the initial ruling, claming that the structure did not fact meet the qualifications because it constituted an increase in height and because it created increased noise and vibrations. The appeal was denied March 17 of this year.

Lawsuit

The Walters filed their lawsuit against the city on April 5 in the Middles County Superior Court.

Their suit alleges that the structure has created increased noise from the biolabs, which are located near the Walters' house at 21 Francis Ave.