In its decision to deny the appeal, the board also denied that Harvard had misled it with regard to the height increase.

The decision states, "Board members stated that the Board had known that the greenhouse addition constitute a new sixth floor, that Harvard's presentation had not been misleading, and that the Board had understood what the project involved."

The board's decision also cites studies showing that the sound levels from the bolas are below the legal limits and are, therefore, not excessive.

At the hearing, Harvard officials also decried extensive efforts to iron out the difficulties with the Walters.

"Harvard representatives have spoken with the Walters literally dozens of times on this issue," Harvard Director of Planning Kathy A. Spigelman said at the hearing. "[Harvard representative] have experimented on more than one occasion in [the Walters'] presence to try to identify the exact sources of the sounds to which Walter objects."

C. James Ciotti, director of the biolabs, also stated at the appeals hearing that specific efforts had been made to address the concerns of the Walters.

Ciotti said in an interview yesterday that he was continuing to try to address their concerns.

"I promised that I would do certain things by certain dates, and I've done those," he said. "We're trying to answer her complaints."

Maila Walter said yesterday that although some of Harvard's efforts have been helpful, not enough has been done. Walter said she has resorted to legal action because she does not trust that Harvard will adequately address the increased noise level.