The suit claims that the noise comes from "the installation of at least one new large fan, replacement and/or alteration of several existing fans and installation of new air conditioners."

When Harvard began testing the fans and air conditioners, the suit alleges, the Walters experienced "loud noises emanating from the fans and air conditioners and they experienced severe vibrations of their home."

The lawsuit cites tests which show that since the new biolabs have been in use, decibel levels at and around the Walters' house have increased significantly, at times exceeding the state's legal limit.

The suit also cites the Noise Control Ordinance, which defines vibrational motion as a type of noise disturbance.

Because of the noise, the suit alleges, the expansion adversely affects neighbors, impairs the integrity of the zoning district, and is "substantially more detrimental" to the neighborhood than the original structure--thus violating the zoning board's original prerequisites in approving the expansion.

The suit also argues that it was not legal for Harvard to add the greenhouse on the sixth floor of the building because the property was zoned under a category which did not allow height increases.

The Walters allege that Harvard attempted to mislead the zoning board into premitting the expansion by trying to conceal the fact that it constituted a height increase.

A notice sent to nearby residents advising them of the first zoning hearing states that the petition was for a "special permit: to enlarge existing non-conforming structure for green house use and alter/renovate portion of fifth floor research faculty." No mention is made in the notice of adding as sixth floor, the lawsuit states.

Harvard's application to the Board of Zoning Appeal said "petitioner also seeks to add a 3100 gross square feet green house to the sixth floor," implying a sixth floor already existed.

Regarding the alleged concealment, Edward Walter said yesterday, "I expect the judge to read the record and tell them to tear [the structure] down."

Failed Zoning Board Appeal

The Walters have resorted to a lawsuit because the zoning board rejected their contentions in their February appeal.

In the appeal, the Walters asked that the board reverse its decision based on Harvard's alleged failure to conform to the conditions on which initial approval was based.

But the board denied the appeal on the basis that it had already approved the structure's expansion.

John Miller, chair of the board, said at the appeal hearing, "it's my belief...that we really have no authorization to re-hear the case, or [open] up the case that we heard prior to this hearing."