On February 15th, state Senator Liz Krueger, Manhattan Borough President Gayle Brewer, Council members Keith Powers and Ben Kallos, wrote a letter to the DOB citing its actions on the Upper West Side project. “Regardless of whether the void in the building proposed at 249 East 62nd Street is enclosed or open air as described to the press, we believe you must also refer this building to the FDNY.”

On Thursday, Kallos said the letter was intended to "call attention to the disparate treatment by the DOB between East Side and West Side." He said he was glad that the matter had been referred to the FDNY, noting that the measure "will ultimately keep residents safe."