A company whose petition for such temporary location has been refused in whole or in part, or has been neither granted nor refused, within fourteen days after the filing thereof, may apply to the department for such temporary location. If the department deems public necessity and convenience require such temporary location, it may enter a decree granting the same, and may prescribe the use of such appliances and impose such conditions and obligations as it deems proper.
Mass. Gen. Laws ch. 161, § 74