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Fitchburg Board of Health approves smoker variance, upholds tobacco fine and declares dog dangerous
Summary
At its June 11 meeting the Fitchburg Board of Health approved a conditional food-code variance for a caterer to smoke foods at a residential smoker, upheld a $1,000 state tobacco fine against Express Fuel & Food, and declared a neighborhood dog dangerous with containment orders; the board also approved minutes and made Region 2 PHEP appointments.
The Fitchburg Board of Health on June 11 approved a conditional variance allowing a local caterer to smoke time/temperature control for safety (TCS) foods at a residential smoker while using a licensed commercial kitchen in Fitchburg, upheld a state-mandated tobacco enforcement fine of $1,000 against Express Fuel & Food, and declared a dog named “Indigo” dangerous with immediate containment requirements.
Union Forge BBQ Company owner Jason Lucier asked the board for a Food Code variance under Chapter 8-103.10 to permit smoking TCS foods at a smoker located at his Townsend residence while preparing and storing food at a licensed commercial kitchen at 35 Main Street in Fitchburg. Lucier told the board he operates a small catering business, would maintain HACCP controls, temperature-monitoring logs and insulated transport, and that a similar variance had been approved previously by the Worcester Board of Health. After discussion about jurisdictional authority and food-safety monitoring, board member Diane Tousignant moved to approve the variance “permitting the use of a residential smoker in accordance with the HACCP plan, subject to review by legal counsel and compliance with all applicable food safety requirements.” Dr. John Bogdasarian seconded the motion; the vote was unanimous.
On a separate enforcement matter, Tobacco Control agent Jodi Brighenti reported that during an April 1, 2026 retail education inspection a flavored hemp product in violation of 105 CMR 665 (flavored tobacco regulations) was found at Express Fuel & Food, 267 Mechanic St. Owner Umar Mughal acknowledged the sale, said the product had been ordered from a distributor whose compliance system indicated permissibility, and stated the item was removed immediately upon notification. The board noted prior retailer education and discussed the responsibility of retailers to verify product compliance. Dr. Bogdasarian moved to uphold the $1,000 state-issued fine; Diane Tousignant seconded and the motion carried. Director Stephen Curry will issue a written hearing outcome letter.
The board also heard a petition under Massachusetts General Laws c.140 §157 to declare a black Labrador named “Indigo” a nuisance and dangerous dog. Petitioner Sean Veronesi and neighboring residents described prior incidents and submitted veterinary records and photographs; the dog owners, Jennifer and Walter Connell (joining virtually), acknowledged several incidents and described planned steps including additional training and a physical fence. The Animal Control Officer recommended muzzling when outside a secured area, appropriate collars and restraints, and installation of a secure fence. Dr. Bogdasarian moved that “Indigo” met the statutory definition of a dangerous dog and ordered: muzzling and leashing whenever outside a secured enclosure; installation of an 8-foot-high privacy fence within six weeks designed to prevent digging underneath; continued licensing, vaccination and insurance compliance; and notification to Animal Control of any future incidents. Jamie Darcangelo seconded the motion and it carried unanimously.
In brief procedural actions, the board approved the minutes of its May 21, 2026 meeting and appointed Jason Dulmaine as primary representative to Region 2 Public Health Emergency Preparedness (PHEP) with Catherine Hoover and Stephen Curry named as alternates. Director Curry announced that winners of the Opioid Settlement mini-grant will be named June 24, 2026, that eight applications are under review, and reminded residents of Household Hazardous Waste Day on June 20, 2026 at the Fitchburg landfill (Fitchburg residents only). The meeting was adjourned at 6:15 p.m.
Votes at a glance: • Union Forge BBQ variance (motion by Diane Tousignant, seconded by Dr. John Bogdasarian): approved unanimously; subject to legal counsel review and adherence to HACCP and applicable food-safety requirements. • Express Fuel & Food flavored-tobacco fine (motion by Dr. John Bogdasarian): $1,000 state-mandated fine upheld unanimously. • Dangerous-dog declaration for “Indigo” (motion by Dr. John Bogdasarian, seconded by Jamie Darcangelo): declared dangerous; muzzle/leash, 8-foot fence within six weeks, continued licensing/vaccination/insurance, and reporting to Animal Control; approved unanimously.
The board directed staff to issue written outcomes where required and set the next meeting for July 2, 2026.
