Committee Report CR-3
The Ordinance Committee held a public hearing on July 2, 2014 beginning at 5:41 p.m. in the Henrietta S. Attles Meeting Room, 459 Broadway.
The purpose of the hearing was to discuss on the Timothy R. Flaherty, et al. zoning petition requesting the City Council to amend the Zoning Map of the City of Cambridge to expand the Medical Marijuana Overlay District, MMD-1 to encompass 61 Mooney Street (Attachment A).
Present at the hearing were Vice Mayor Dennis A. Benzan and Councillor Dennis J. Carlone, Co-Chairs of the Committee, Councillor Craig Kelley, Mayor David P. Maher, Councillor Marc C. McGovern, Brian Murphy, Assistant City Manager for Community Development, Jeff Roberts, Project Planner, Community Development Department, Marybeth Cosgrove, Operations Manager and Paula M. Crane, Administrative Assistant, City Clerk's Office.
Also present were John Greene, CEO of the Greeneway Wellness Foundation, Tim Flaherty, Esq., John Holland, Susan Agger, Lizzie Feigenbaum, Nancy Jordalen, Eric Olich, Buddy Mabardy, Jamie Mabardy, John Chun, Kathryn Erat, Patricia Amoroso, John Hawkinson, Mark Jacquith, Becca Rutenberg, Robert Winters, and Sara Feijo.
Vice Mayor Benzan read the call of the meeting. He stated that in 2012, there was a ballot initiative to approve the sale and use of medical marijuana for medical purposes in Massachusetts and over 70% of voters in Cambridge approved it. He stated the subsequent to the approval, Cambridge began looking at its zoning and how a medical marijuana dispensary could fit into the zoning. He stated that last year the state issued regulations setting forth the process for granting licenses to medical marijuana dispensaries operators. He stated that present at this evening's meeting is the petitioner Greeneway Wellness Foundation who has been approved as an operator. He stated that given that there was a great deal of concern over the initial selection process, the Massachusetts Department of Public Health (DPH) conducted a second review of applicants and denied the petitioners here today a license to operate. He stated that the petitioner is appealing the decision and he asked that John Greene, Greeneway Wellness Foundation to give the committee and update on the appeal during its presentation.
Vice Mayor Benzan stated that notwithstanding the denial of the petitioners application with the DPH, the City Council must vote on where a medical marijuana dispensary may be located, more particularly on whether the district that was established by the City Council last year should be expanded to include Mooney Street, the current proposed location for a medical marijuana dispensary which falls outside the area originally established to accommodate a medical marijuana dispensary. He stated that there were five factors considered in establishing the area in which a medical marijuana dispensary would be located: Areas where commercial uses were allowed, areas with access to regional transportation systems, whether police would be able to effectively get to the site if called, whether there was consistency with urban design of the area and whether the area was set apart from school and childcare centers. Vice Mayor Benzan then invited the petitioners to give their presentation.
Tim Flaherty, Esq., attorney representing Greeneway Wellness Foundation, introduced himself and John Greene, CEO and Principal of Greeneway Wellness Foundation. He gave a brief overview of his Power Point presentation (Attachment B). Mr. Flaherty noted that he is a resident of Cambridge as well as a signatory on the citizens petition to expand the MMD-1 Overlay district. He stated that Greeneway Wellness Foundation received a communication from the DPH indicating that its license would not be granted due to a question regarding the financial viability of the Greeneway Wellness Foundation. He stated that there is a conflict of law with respect to Medical Marijuana Dispensaries in Massachusetts. He stated that the federal government does not view this in the same way that the Commonwealth of Massachusetts and other states in the country which have passed this legislation. He stated that simply put, the federal government has not eliminated a criminal penalty for the sale of marijuana. He stated that the Massachusetts statute is a well-crafted piece of legislation which is highly regulated and strictly drafted. He stated that the federal government has taken no action on it. He stated that due to the ambiguity between federal and state law, banks are reluctant to hold money for the purpose of financing these operations. Because of that, Mr. Greene and investors posted the money and rather than risk shutdown of business operations, they decided to remove it from a federally insured depository. He stated that this should not have created an impression that the financial vitality and sustainability is any different than it was in the first phase. He noted that there have been extensive media reports regarding the initial evaluation process and whether or not any of the applicants made misrepresentations about support or operations. None of those concerns present themselves with the Greeneway Wellness Foundation. He stated that the Greeneway Wellness Foundation scored amongst the highest of the applicants in Massachusetts. He noted that they did appear before the Planning Board and made to that board a presentation about the site identified for a Medical Marijuana Dispensary. He stated that after the demarcations of the zones, there could be difficulty in finding a site to meet all of the criteria. He noted that dozens of sites have been examined. Mr. Flaherty stated that 61 Mooney Street is a former pharmaceutical company located at the end of Mooney Street which can be accessed by Smith Street. He stated that the Mooney Street site is located in an industrial zone and that transportation to and from the site can be accessed by bus routes and the Alewife T Station. He stated that in addition, Mr. Greene has contacted transportation providers. With respect to emergency response, he noted that there have been no issues by the Cambridge Police Department. Mr. Flaherty noted that the site itself is .02 outside of the existing MMD-1 zone. He stated that there is a loading dock behind the building which is protected and abutted by train tracks and a fence. That would allow for the delivery of product for the patients. There are 35 non-employee parking spaces. He stated that the expectation is that there would be 30 trips per day initially which would not have a negative impact on the area. Mr. Flaherty stated that Mr. Greene has spoken to residents in the area and has substantial community support. He is passionate about what he is trying to do. He stated that it is unfortunate that the DPH has made its decision on a snapshot in time without looking globally at what type of community participant the Greeneway Wellness Foundation can be in Cambridge. He stated his hope that the Ordinance Committee would agree with the recommendation of the Planning Board.
Mr. Greene stated that he has met with some City Councillor to explain his business model. He stated that he has been attempting to find a suitable building to site the Greeneway Wellness Foundation which would blend seamlessly into the surroundings. He stated that he is a nutritional consultant and herbalist by trade. He stated that he is focused on the non-euphoric components of this plan. He stated that there are a lot of mixed conceptions of the plant itself. Most people think of long lines of people waiting to get "high." This is not the case. He stated that there are no side effects associated with the consumption of high cannabinoids. He stated that the marijuana plan can be used responsibly. He stated that his business model could potentially be a model for Massachusetts. He stated that he watched his father suffering from liver, lung and stomach cancer. He stated that his father went through chemotherapy and during that time, he asked his father to consider a liquid cannabis. His father did not want to take this without a doctor's recommendation. It was then that he realized that there is a major need for education. He stated that his model and this medication is needed. He has worked for the last 19 months educating patients, the public and officials. He is the only dispensary or permit holder in Massachusetts who has committed to growing 94 high cannabinoid profile strains. He stated that there is a paradigm shift and he believes that he can run the business and become a great neighbor.
Councillor Carlone stated that he had the privilege of attending Greeneway's presentation to the Planning Board by Mr. Greene. He stated that he attended the meeting and was initially negative but noted that his opinion changed during the presentation. He noted that one of the members of the Planning Board recounted a friend who has been greatly helped by similar methods. Councillor Carlone stated that his brother has schizophrenia and he too has been told that medical marijuana would change his life. He stated his opinion that the unanimous decision by the Planning Board was absolutely correct.
Councillor McGovern stated that he has had the opportunity to meet with Mr. Greene. He stated that he has gone to the Mooney Street site with a neighborhood resident. He offered his name on a letter of support. He stated that the ballot question to make this legal passed in Cambridge with just over 70%. He stated that this is something that the community supports. He stated that he has spoken with Mr. Greene about the difficulty in finding a suitable location. He stated that this location fits the criteria and he supports this petition. Councillor McGovern noted that Mr. Greene's efforts to talk to the community and take the initiative to personally knock on doors shows him Mr. Greene's commitment to the city. He stated that he understands some may have hesitation but again, this is a very different kind of place. He stated that this is a medical office whose programs are necessary. As a city, we need to support it fully. Mr. Greene has done everything to alleviate concerns. He stated that he has no question in Mr. Greene's ability to run a professional, medical business. He stated that he looks forward to having him be a dedicated member of the community.
Mayor Maher stated that he has met with Mr. Greene and admires his passion. He noted that his conflict is with the fairly lengthy process to outline and delineate places where facilities can be located. He stated that the City is now being asked to change the guidelines shortly after it was passed by the City Council. Mayor Maher stated that if the City was guaranteed that Mr. Greene was going to be the proprietor, he might feel more reassured. He stated that residents in this area have been looking to the City Council to help them with issues of overdevelopment in their neighborhood and the City Council has not taken action. He stated that he is hearing from citizens that this is being fast tracked. He questioned if the City should be cautious and wait for the appeal process to run its course. He stated that he would like for the City Council to take action on the Cambridge Highlands zoning petition and get its priorities straight. He noted that he is interesting in hearing from the residents in this area. Mayor Maher stated that he voted for the Medical Marijuana District but noted the importance of making a zoning decision that everyone can live with. He stated his desire to wait for the appeal process before acting on this petition.
Councillor Kelley stated Mayor Maher's comments are accurate. He stated that he does not see this as being a great extension of what was originally passed. He noted that zoning changes all the time and that this is a logical expansion on what was on the table before. He stated that this is a wise change and noted his support. Additionally, he stated that his memory of the West Cambridge zoning petition is different than that of Mayor Maher.
Councillor Carlone asked Brian Murphy if this use requires a special permit. Jeff Roberts answered in the affirmative. Councillor Carlone asked if this special permit is sponsor-oriented or if it would become an ongoing permit at this building location. Mr. Roberts stated that because of the way the zoning is written, the special permit would be tied to the applicant which is done by tying the special permit application to the state approval of the RMD. He stated that a different operator would not be able to use that special permit. Brian Murphy stated that the state made it clear that as a municipality the City is allowed to have a regulation that is consistent with the state. He stated that the special permit is not transferrable. A new petitioner would have to go through the process. Councillor Carlone stated that the City could be more selective of the kind of applicant that it wants through the special permitting process. Councillor Carlone stated that he agrees with Mayor Maher and that the neighborhood view is very important. He stated that he is looking forward to their comments.
Councillor McGovern stated that if the City Council were being asked to rezone a site that would put a dispensary across from a school, it would be a different discussion. He stated that this location meets state criteria and is in a location that it out of the way. He stated that holding this petition up does not make sense. He stated that he does not know of any particulars regarding delays in other zoning petitions. He stated that as it relates to Cambridge Highlands petition, it is not dragging of feet, it is trying to reach consensus. He stated that every City Councillor spoke in support of that resident petition. He stated that these are different issues. He stated that he would be happy to move on the resident petition in that area as soon as possible. He stated that it comes down to the fact that we all want many things but when it comes into our neighborhood, we don't want it.
Mayor Maher stated that the districts were developed over time and given much consideration by the Planning Board and the Community Development Department who then presented their recommendations to the City Council. He asked why this area was not originally in the district and what was the reason for the change of heart. Jeff Robert stated that there were five criteria to look at to determine the appropriate medical marijuana district. He stated that the Planning Board's recommendation stated that the biggest issue for the Mooney Street site is public transportation. He stated that there was discussion with the petitioner regarding the transportation concern and noted that this is something that could be included as a condition in the special permit issuance.
Vice Mayor Benzan asked how the distinction is made between the operation of a medical marijuana dispensary and a CVS/Walgreen's or methadone clinic. Mr. Greene stated that his business is on par with a CVS in that you would take a prescription written by a doctor and get the prescription filled. The difference with a medical marijuana dispensary would be that a doctor would write a recommendation for the medical marijuana. The recommendation would include why the recommendation was made as well as confirmation of a 12-18 month history of a pre-existing debilitating condition and history. The doctor would also need to be certified to recommend medical marijuana. At the dispensary, a medical nurse or director would sit with the patient and talk about the various forms of ingestion such as transdermal patch or pill. This visit would be a 45-minute sit down after which the patient would be allowed to purchase medicine and take it home.
Vice Mayor Benzan stated that one of the fears and reservations of neighbors is that patients may hang outside of the facility or sell their medication to someone else. He asked Mr. Greene about security. Mr. Green stated that the only people visiting the dispensary will be patients or caregivers of patients if they cannot get to the dispensary. He stated that the only people allowed into the door of the dispensary are patients or caregivers. He stated that it is against the law for patients to walk out of their facility and use their medication. He noted that security will ensure that no one will be standing outside the facility. He stated that there will be cameras outside on every part of the building. He stated that when speaking of a patient selling the cannabis, many people feel that there is some sort of risk of diversion. Mr. Greene stated that medical marijuana is sold at a much higher rate than what one could purchase on the street. He stated that the potency of medical marijuana is under strict and stringent guidelines. It will cost between 25-30% above retail cost on the street. Mr. Flaherty stated that the statute creates a five-year prison felony for resale of medical marijuana and that the risk is very high.
As it relates to employment, Vice Mayor Benzan asked Mr. Greene if he is committed to hiring City of Cambridge residents provided they are able to pass background checks. Mr. Greene stated that it is his commitment to hire as many people as possible who live in Cambridge. He stated that there are very well-qualified applicants in the city. He stated that he is looking forward to providing residents the opportunity to work at the Greeneway Wellness Foundation.
Vice Mayor Benzan then stated that the Ordinance Committee received letters of support from Ann Tennis and Betty Kanode. (Attachments C and D).
John Holland, 26 Normandy Terrace, Cambridge, stated his opposition to the petition to expand the MMD-1 zone. He stated that he and his family live 100 yards away from the proposed facility. He stated that the possession, distribution and manufacturing of marijuana, although permissible under the provisions of the Massachusetts Medical Marijuana Program and related statutes and rules, are in fact a violation of federal law. He stated that the proliferation of marijuana use and availability has negative implications for the welfare of the community. He stated that expanding the zone and availability of marijuana will harm the general welfare of the Cambridge Highlands neighborhood because of the significant potential to increase marijuana use among our youth and increase illegal drug trafficking. He stated that this dispensary will have additional potential negative secondary effects on the neighborhood which include criminal activity, loitering, increased traffic, noise, litter, and a loss of trade for other businesses located nearby and a decrease in property values. He stated that it is the ethical duty of the members of the City Council to ensure the safety of the community. He stated that this dispensary will constitute a public nuisance contrary to the community values which support the neighborhood as a safe place to work, live and raise a family. (Attachment E).
Susan Agger, 1 Loomis Street, Cambridge, spoke in support of the zoning petition. She stated that she attended a Q & A session in the neighborhood and Mr. Greene addressed many of her concerns. She stated that the location of the building is a viable location and she thinks that Mr. Greene demonstrates an awareness of the neighborhood and the interest in being a good neighbor. (Attachment F)
Lizzie Feigenbaum, 82 Normandy Avenue, Cambridge, stated that she is a Registered Nurse. She stated her belief that anyone opposed to the Greeneway Wellness Foundation would do well to research both the medical benefits of marijuana and dispensary safety. She stated that there is mounting research from other countries which prove the benefits of medical marijuana for a number of chronic and wasting diseases. She stated that the crime statistics from states that have already implemented medical marijuana dispensaries show that there is not an increase in crime. She stated that she is delighted by Greeneway's interest in working with the community to restore the nearby parkland. She stated that she has spoken with neighbors who support the dispensary but will not do so publicly because they will be seen as promoting drug use. She asked her neighbors who oppose the dispensary to reconsider their position so that they can be a neighborhood in Cambridge that helps to stop the unnecessary suffering of patients and loved ones because of fear and lack of knowledge. (Attachment G)
Nancy Jordalen, 73 Blanchard Road, Cambridge, stated that she is opposed to the zoning change, not medical marijuana. She agrees with Mayor Maher that the neighborhood is going through a process of another zoning change that has been bounced between the City Council and the Planning Board. She stated that zoning changes have long-reaching consequences and are permanent. She stated that there is more work and more information that needs to be disseminated to the neighbors. She stated that the reason this is important is because it is a zoning change to the neighborhood. She stated that many neighbors do not have knowledge of how this zoning change came about. She stated that she attended the backyard gathering and that there were less than a dozen people present. She stated that this neighborhood consists of over 300 residents. She asked the City Council to suspend the process until the appeal process is completed or the petitioner re-applies in 2015. She stated that she would like the petitioner to clarify what the appeal process involves.
Eric Olich, 74 Normandy Avenue, stated that he is in support of this petition. He appreciates the transparency and efforts that Mr. Greene has made to become part of the community. He asked for the City Council's support of this petition.
John Chun, 48 Loomis Street, spoke in opposition of the petition. He stated that the proposed Mooney Street site is only 500 yards away from Fayerweather Street School and Evergreen Day School, 300 yards away from Rafferty Park, 150 yards away from Blair Pond and 100 yards away from Normandy Terrace which is at the edge of the Cambridge Highlands neighborhood. He stated that on the way to Mooney Street, one passes Burger King, Wo Dao Kung Fu, Gymnastic Academy, and Olympia Fencing Center, all places where kids of all ages gather. He stated that he is not proposed to dispensaries but the proposed location is too close to schools, parks, and places where families and kids hang out. He suggested Acorn Park Drive as a better location. He expressed his desire for suspending the decision tonight. He stated that he has not seen any letters and has not met with Mr. Greene. He stated that more neighbors need to be informed. (Attachment H)
Kathryn Erat, 32 Normandy Avenue, stated that she lives in complex with close to 200 people. She stated that her concern is that you have two overlay districts that are open to this. She asked why petitioners are located outside of these districts. She stated that if we make a special corner for this dispensary outside of the 2 districts, we are setting a precedent. She feels that the petitioner should be encouraged to reevaluate the two districts that are available to him. She stated that there is almost no place that you can go in Cambridge that would satisfy the state requirements.
In response to the inquiry regarding the two potential districts, Mr. Greene stated that they have gone through dozens of locations. He stated that among the obstacles to those sites were the 500 foot requirement of where children congregate and the landlord's disapproval of the use.
In answer to Mayor Maher's questions regarding the districts, Jeff Roberts stated that every site in every district does not meet the 500 foot requirement. The districts that were chosen were districts within which there were significant numbers of sites that were outside of those 500 radius. From the beginning there was acknowledgment that no matter what district, there are some sites within 500 feet of children and some that are not. That is why the districts were chosen as the first level of the zoning allowance. Within that, the Planning Board would look at the distance from children. It was decided that this would be best looked at during the special permit process. He stated that the Planning Board could also have flexibility on the 500 foot standard if there was some other reason why a site that is closer than 500 feet from such a facility would be suitably buffered. Also, child-oriented facilities might appear and disappear at particular locations over time.
Patricia Amoroso, 40 Loomis Street, stated her opposition of the petition. She stated that she has been an oncology nurse for 33 years. She is certified in oncology nursing. She is a survivor of cancer and has had several rounds of chemotherapy and radiation. She understands dealing with chronic illnesses. She stated that she is a resident and neighbor of the proposed occupants and she feels that this is almost no man's land. She stated that she lives in the neighborhood and did not realize that there is a satellite police station in the area. She realizes that there will be security but the criminals are not looking at this. She thinks that the area is dark. She noted that it is the location that is disturbing her.
George Podoff, 55 Hampshire Street, stated that he is surprised that no one other than the Greeneway Wellness Foundation has worked on this issue. He stated that he is in support of this petition. He stated that as it relates to crime, studies have shown that crime goes down. He stated that not only does medical marijuana help the pain of a disease, it could have potentially been able to stop his cancer and its proliferation. He stated that he can see many people benefitting from this service. He stated his support for the petition. (Attachment I)
Cheryl Green, 55 Blanchard Road, stated her opposition to the petition. She stated that she did not believe there would be consideration of this location for a dispensary. She stated that she lives in this neighborhood and her children play at Rafferty Park which is very remote. She stated that she can easily see that other people can use the remote location for other activities.
Councillor McGovern asked Mr. Greene about the profile of the patients. Mr. Greene stated that the majority of the patients are between the ages of 39-53. To speak to some concerns, he stated that there is some question if this type of business would bring in other activities. He stated that these businesses have been shown to reduce use by youth by regulating the substance. He stated that statistics in Colorado show that youth use and availability went down 2.8% while it was rising in the nation. Youth availability went down by 5% on school grounds. He stated that power is being taken away from the black market and putting it into the hands of the parents, the states, the schools.
Councillor McGovern stated that this will be a heavily regulated process. He stated that he lives in Central Square with more public housing and programs than any other part of the city. It cannot just be one or two neighborhoods to carry the burden of all the social services that the city wants to provide.
Councillor Carlone stated that a number of nearby residents have raised issues regarding Rafferty Park and Blair Pond which is within 500 feet of the proposed dispensary. Councillor Carlone stated that there is no question that the City Council's concerns are based on neighborhood issues. Mr. Greene stated that the process moving forward is to be open regardless of the speed bump with the state and ensuring that they are putting energy and money on this process and have the ability to serve the patients of the Cambridge area.
Councillor McGovern asked Mr. Murphy that if this area is re-zoned, is this part of a special permit specifically for Greeneway? Mr. Murphy stated that this would be to zone the area for the use of medical marijuana. If a company had a license to sell medical marijuana to the public and obtain a location in the Medical Marijuana District, that company would then go through process for special permit. If this zoning is passed, it is to permit any medical marijuana use in the district. Follow-up would be for the individual applicant to get a special permit.
Councillor McGovern stated that one of the community members asked about the appeal process. Mr. Flaherty stated DPH has promulgated regulations to deal with this. There is a review section that enables an applicant who receives an unfavorable ruling to have a briefing and they are hoping that this will be resolved. Other remedies include making an appeal to the Superior Court. Councillor McGovern asked for an expected timeline. Mr. Flaherty stated that it is difficult to give timeline. Councillor McGovern stated the option that the Ordinance Committee could move the petition to the full City Council with a recommendation and still reject the zoning when it comes before the City Council in the event that they do not know who the petitioner will be if it is not the Greeneway Wellness Foundation. Mr. Greene stated that the regulations allow five medical marijuana dispensaries in a single county. There will be no other applicant to apply for Middlesex County.
Councillor Carlone asked if there is any way to limit medical marijuana to only high-cannabinoid, low-THC strains. Mr. Murphy stated that his initial reaction is that it may be challenging but he stated that he would check with the DPH. Mr. Roberts stated that this is not a specific question that they have asked the DPH. The city has the ability to provide regulation enforcement in addition to enforcement at the state level. He stated that from a CDD standpoint, it would be difficult to get too far into regulating the production process. The understanding is that the production would not be taking place at the facility in Cambridge. He stated that it may be difficult for the City to regulate something that is being produced outside of the city. Mr. Murphy stated that he will follow-up with the DPH and state regarding this issue.
Councillor Carlone stated that the law states what the City can do and this use is asking for expansion of a district that the Planning Board accepted. He stated that there are a number of neighbors who are concerned about children in their neighborhood and distances to Blair Pond. He stated that extra time could be taken to meet with neighbors and make a further case. He stated that this matter could remain in committee to get more information. He stated that he is favor of this proposal except for the neighborhood concern.
Mayor Maher asked if, as part of a special permit, Mr. Greene could voluntarily agree to the non-euphoric piece. Mr. Murphy stated that the State would probably not have a problem with this but he would be happy to investigate this question further.
Mr. Greene stated that he is focusing on non-euphoric strains. He stated that it would be difficult to comply with 100% non-euphoric request. He stated that it is almost impossible, even with the best intentions.
Mr. Flaherty stated that Mr. Greene's application expires the second week of September. He asked that this matter be referred to the City Council and noted that the City Council has the ability to vote as it so chooses to the petition. He stated that even if this petition is passed by the City Council, there is still the special permit that the applicant must receive.
Councillor McGovern stated that if this matter is referred to the City Council and Mr. Greene does not get approval in the appeals process, he will not vote to change the zoning. He stated that while there is no process with 100% agreement, there are a lot of people who have gone on record in support of this petition.
Councillor Kelley reiterated that when and if we pass the zoning, the zoning stands. He stated that it is important to remember that the City Council cannot bind the hands of Mr. Greene after the zoning granted. He stated that the special permit process is not a huge hurdle. He stated that while this is an uncomfortable situation for the people who live in this area, it is important to find a location that makes this service possible. He stated that this is in the spirit with what the people of Cambridge and Massachusetts have voted. He stated his support for the proposal.
Mayor Maher asked the Community Development Department to look into putting a sunset provision on the zoning ordinance which would state that current zoning is in effect for 12 months and if action is taken, it would revert back to the original zoning.
Mayor Maher requested a roll call vote on referring the petition to the full City Council with a favorable recommendation. This resulted in a vote of three members in the affirmative, one member in the negative and five members as absent.
(Per Roberts Rules, a roll call vote cannot be ordered in a Committee of the Whole. Therefore, the motion carried on an affirmative vote of three members.)
REFERRED TO PLANNING BOARD & ORDINANCE COMMITTEE FOR HEARING AND REPORT ON MOTION OF COUNCILLOR CHEUNG ON ROLL CALL VOTE OF 8-0-1 on September 22, 2014