The board of aldermen or the selectmen may, subject to such terms and conditions as they may deem advisable and subject also to such rules and regulations as may be promulgated by the state department of fire services, grant to any person the right to lay, construct, maintain and operate pipe lines for conveying petroleum or the products or by-products thereof through, over, across or under any public way, other than a way referred to in section forty-four B of chapter thirty, and in connection therewith may grant permission to any such person to dig up, open or tunnel under such public way.
Mass. Gen. Laws ch. 40, § 43A