Patrick's Candy Pantry will not immediately open in Marion.

The Planning Board learned on Tuesday that it cannot give the OK for the candy store to operate inside a new barbershop on Route 6, due to a cease and desist order issued last week.

The barbershop is run by longtime Carver-based barber Rob Rooney. The candy shop will be operated by Patrick “The Candy Man” Kelly. Brian Kelly developed the former Al's Yankee Clipper into Rooney’s and included a small space for his 19-year-old autistic son to sell candy.

Patrick Kelly had initially planned only to sell packaged candy, but later, officials caught wind of the family’s plans to operate an ice cream truck in the parking lot of the barbershop and provide outdoor seating. That triggered the need for the Kellys to secure a special permit through the town -- a permit for which the Kellys did not apply.

The cease and desist order was issued by Building Commissioner Scott Shippey on Wednesday, June 14 -- two days before Patrick Kelly planned to open.

The Kellys attended the Marion Planning Board’s meeting on Monday, and during the portion designated for public discussion, asked whether a temporary permit could be granted if the ice cream truck and the seating were not used.

The request was unanimously approved by the board, with the stipulation that the town’s attorney review the temporary license for any possible legal issues.

But on Tuesday, Planning Board Chair Eileen Marum said Attorney Jon Witten advised the board that it does not have the authority to effectively overturn the building commissioner’s cease and desist order. The Kellys will need to contact Marion's Zoning Board of Appeals to straighten that out.

The Planning Board will review the ice cream truck and outdoor seating arrangements during a public hearing on July 10, according to officials. Board members were not willing to grant the special permit on Monday, as a special permit requires a public hearing as well as detailed plans for the board to review.