Patrick Kelly, of Patrick's Candy Pantry, came before Marion's Planning Board on Monday June 19 to request one thing: "Can I please have my original candy store back?" he asked, before being granted a temporary license.

The request was the result of a complicated scenario. Kelly's father Brian developed the former Al's Barbershop as the new Rooney's Barbershop with a small space included for Patrick to sell candy.

The candy store was set to open on Friday June 16, but it was served with a cease and desist notice from Marion's Building Commissioner Scott Shippey. Shippey served the request reluctantly at the advice of Marion Town Counsel Jon Witten.

"Town Counsel informed us that the food sales changed the nature and intent of the business, and that a special permit was needed," said Planning Board Chair Eileen Marum. "We asked about other options, but Town Counsel encouraged a cease and desist until everything could be sorted."

She said she hated the outcome. "We're all parents on this board. We all want to do right by our children. But if we were to let this permit slip, someone would complain about why we were treating businesses differently. It's a lose-lose situation, unfortunately."

According to Brian Kelly, the original reason for the cease and desist was that the candy sales were considered "fast food," which Marum noted was true, but on account of the ice cream truck and outdoor seating rather than the pre-packaged candy.

Other board members concurred. "I originally understood that the barbershop might sell small prepackaged candies," said Planning Board member Steve Kokkins. "But then later I heard that there would also be an ice cream truck and outdoor seating involved. That changes the nature and intent of the business," he explained, "and brings with it the need for a special permit."

After receiving the notice, Brian decided to move the candy store and barbershop to The Ropewalk in Mattapoisett, owned by Mike and Kate Sudofsky. "They were great," Brian said of the Sudofskys and of Mattapoisett's town government. "They sent us the permit forms we needed, asked us to send them back, and rolled out the red carpet for us."

The arrangement seemed ideal, as The Ropewalk could also take in the Kellys' ice cream truck. However, Patrick spends his summer months living in Marion, and really wanted his candy shop to be located in Rooney's Barbershop.

"If we were to move the ice cream truck and the seating," Brian asked the board, "could we get a temporary license to sell candy?"

Marum called for a vote on a temporary license. The license request was approved by the board, with the stipulation that Town Counsel Witten needed to be consulted, which Marum promised would happen the next day.

The Planning Board will review the ice cream truck and outdoor seating arrangements at their July 10 meeting.