Not legal...
Unless he has takeoff charts for such a situation, it's illegal for him to take off.
I'm assuming this was the case....and he was requesting take off data from their engineering department for this situation. Sometimes it takes awhile to get this.
At my old company, we had separate charts for this type of situation....
specifically in BOS, we had charts for 22R, 27, etc. for when ships were
in the channel.
Management is to blame (big surprise!) for not having such charts already onboard....thereby eliminating the delay.
Fly safe,
PantLoad